Equal distribution of property between real kins
I have my ansestral property in Kolkata in 2014 my father died followed by my mother's demise in 2015.They never made a will in their lifetime so now my sister who is married is claiming half of the property. In this context I would like to mention that my father had bought this property long back which was a very basic one storied house with asbestos sheet as roof which I have turned into a palacious 2 stories house with my own hardearned money by taking loan in my name from ICICI bank and had paid all the Emi s for long 11 years and finally made bulk payments to prepay the loan as my father was not keeping well and I wanted him to have his property papers before he expires.
Last year also after my Mother's demise I have renovated the entire groundfloor with my money as there was flood in Kolkata and my house remaining locked was massively hampered.....I stay in Gurgaon so the entire house was under lock and key.....yhe floors and walls were absolutely in bad shape so I was left with no option but to renovate the house as it was a temple for THEM.Finally we decided to put the house on rent for the sake of maintinance and till date the amount we received as rent we have spent the entire amount to perform the final rites of my Mother as this property actually belonged to then so any earning from it should rightfully either be used for the maintinance of the property or for performing their rites and rituals.
As long as we were maintaining the property my sister didnot even talk to me but now she claims half of the property......we don't want to sell even a brick of this house but she is having malified intentions.Evidences are there that till date she has hardly taken any responsibilty of her parents and even didnot turn up on the death of her father. Is it under such circumstances also that she can claim her rights without performing responsibilities.....can she even go for an injunction against this property....What can I do in this regard.
Thanks in advance.
Asked 2 years ago in Property Law from Gurgaon, Haryana
1) it is not ancestral property
2) the said property was purchased by your father snd he constructed one storey house on it
3) with your own funds you have built an additional floor and renovated the house
4) on your parents demise you and your sister would be legal heirs and have equal share in the property
5) your sister can move court and seek partition of the house and obtain stay restraining you from selling the house
this is your self acquired property because you have spent huge amount for its renovation.
If all amounts was paid by your father so it would be his self acquired property and his daughter accrued right i it by law of inheritance.
Bimashankar joshi vs Mohinder 2011 it is held by the supreme court that unless self acquired property is bring under common assets of joint family it shall not be treated as self as joint family property.
you have possession over it and it is totally renovated by you without having intention to treat it as joint family property. Sister has not been spent a penny for its renovation thus this is your self acquired property.
Legally she is entitled to half share in the property left behind by your father who died intestate.
You have built the house into two stories and carried out the other renovations of the house on your own for yur own benefits, she never asked you to do it hence she cannot b blamed for not participating in the work done on your own interest.
Yo cannot deny a share in the property to her for this reason.
However, in the partition suit in the court you may argue that you have documentary proofs for having spent all by yourself for the constructions and other renovation works carried out. The court may decide the matter as per law.
The property is not ancestral unless it was originally purchased by your great grandfather. It is the self acquired property of your father which has devolved equally on all his children subsequent to his demise. The share of your sister is at par with your share, so better go for an amicable settlement instead of fighting a courtroom battle. The fact that she did not take up the responsibility of her parents does not uproot her right to succession. She can claim injunction to restrain you from creating third party rights.