• Partition of property

My father died intestate  I along with my sisiter and mother  are legal heirs class 1 the property is self quired by my father at the time of marriage of my sister   he had given lot of land plots ,jewellery,flats 
which were directly registred on her name and her husbands name and lot of cash also was given 
in cross examination I asked how u got all these property  she says she has brought with her funds
in iincome tax returns thereisno mention how to prove that the above properties were given by my father as she has filed for partion and wants share in balance of my fathers properties
Asked 9 months ago in Property Law from Hyderabad, Telangana
Religion: Hindu
1) the source of funds is important .

2) the issue would be was your sister working at that time?

3) did her bank account have sufficient balance to fund purchase of the properties in question 

4) if your sister says she bought properties with her funds burden of proof is on her to prove it 

5) check your father bank statements too . if father bought property in sister name there must be transfer of funds from father bank account to sisters bank account 
Ajay Sethi
Advocate, Mumbai
23235 Answers
1219 Consultations
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1) your sister can seek partition of 2nd and 3rd floor flats 

2) sister can seek one fourth  share in respect of your father share in firm 

3) grand mother can bequeath her one fourth share in your name . 

4) apply for probate of grand mother will 
Ajay Sethi
Advocate, Mumbai
23235 Answers
1219 Consultations
5.0 on 5.0
First of all you should understand the law that the daughter is married off with riches such as jewels, articles and flats too, but once the father dies intestate all his properties shall again devolve equally n all the legal heirs left behind by him on his death.  This is succession law and cannot be challenged.  In her partition case, she has rightly filed for a share in your deceased father's self acquired properties, she has full rights as per law to seek share in that. 
Therefore any defence taken by you including the facts that she was already allotted with many gifts including flats, plots etc, as per law the court will certainly grant the relief of partition in her favor because the court will go by law and not by sentiments or any other topic which is not recognised by law. 
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
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There is dwelling house in which 2nd and 3rd floor are in my fathers name  let out for rent  can she ask for partion but ground and first are in my and my mothers occupationare.

n the dwelling house, if partition is not possible or the parties are not agreeing for any amicable solution put by court then the court order for auction of the property ad shall distribute the consideration amount in favor of the shareholders equally or accordingly.



 Also there is a firm on my fathers name where he is partner  she has not made the firm party  to partion suit also his share in firm is unkown an she ask for share in firm properties
If she becomes aware of the firm and its shares, she certainly would have sought the share in the revenues generated by the property.



,,My grand mother was alive when my father expired she wrote a will in my favour (grand son)in respect to her share share in my fathers property  will it be accepted in court this is suit for partion filed by daughter against son of a intestate fathers properties
If your grandmother bequeathed her share in the property to you by a will, it is certainly a valid document.  You can produce the same before court and seek to allot that share to you as per will. 
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
5.0 on 5.0
if your father died intestate then your sister will also become entitled to the properties as one legal heir. no matter how much your father has given to your sister already, in the rest of the properties she has 1/3rd share as well.
Therefore she has filed the suit. If you can talk to her and convince her to withdraw the suit on the condition that you will give her some money or alternative property then close this case in this manner. do not prolong it, as it is not beneficial to either party.
Grand mother can bequeath her property to you, not the property left behind by your father. You stated that it was his self acquired property. This WILL does not give you any legal right.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
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1. Through succession she succeeded to all the properties of her father in respect of which he died intestate. Registration of few properties in her name by her father does not oust her right to succession to the other properties of her father unless there was a settlement made by her father which placed an embargo on succession by her. It is immaterial if she purchased the properties out of her own funds or not. The title to a property flows from the conveyance deed. The title which would accrue to a man if the consideration of property is paid by someone other than the title holder would be the same as in case of a property for which he himself paid the consideration.

2. The will of your grandmother will prevail if it has been validly made. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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IS your mother is alive then she can tender evidence about this subject in favour  of you. Or use other independent witness for tender the evidence in favour of you. 

What ever the property is kept behind the father and he is died intestate not create any documents with regard to the property then all legal heirs have right over the  properties. 

In your case your sister took a contention that she bought the land by own earnings then it is your burden to disprove  the same
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
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