• Inheritance issues

The Property is my Grandfather's Property, which was subsequently inherited by my father.

The heir to my father is one daughter, Myself and brother (totally 3)

Daughter is married in 1969 and well settled.

In 2002 my father sold a portion of property to an outsider. At the sale deed my father subdivided the property into 3 parts (A,B,C), of which C portion was sold to the outsider. The settlement for the sold portion was given to daughter to buy a flat. Daughter signed as a witness for the sale deed. the settlemt given to daugheter was not documented or routed through cheque / bank

But the A and B portion was not mentioned in sale deed / partition to which hier it will goto. (which intention was for the 2 sons).

Unfortunately my father died in 2008 without making a will. Now sister is tying to not be fair by claiming equal share of A and B.

Since the house is old and not livable, we need to reconstruct (both brothers) together in our respective protion A and B

Now we do not want stay from court if our sister files suit on us , stoppin the construction, because this is our only house to stay.

Please advise on the situation
Asked 10 months ago in Property Law from Bahrain
Religion: Hindu
1) if father had during his lifetime sold portion of property and given to daughter it would not disentitle daughter to claim equal share in balance property on father demise 

2) since your father did not execute will daughter would have equal share in property 

3) she can move court for partition and claim one third share in property also seek stay against creation of third party rights pending hearing and final disposal of suit 
Ajay Sethi
Advocate, Mumbai
25948 Answers
1414 Consultations
5.0 on 5.0
1. Well, in absence of deed of settlement or partition you can prove that there was partition and your sister received her dues.
2, After 2005 the daughter has right of share in the ancestral of her father.
3. However if you start constructions in the old house your sister even though can file suit for partition to claim her share, no order f injunction can be passed.
4. It is well established that in partition suit no injunction order can be passed on constructions made in the suit property.
Devajyoti Barman
Advocate, Kolkata
6413 Answers
71 Consultations
4.9 on 5.0
1) it is not ancestral property that your signature was necessary on sale  of portion of property C 

2) better arrive at an settlement with your sister 
Ajay Sethi
Advocate, Mumbai
25948 Answers
1414 Consultations
5.0 on 5.0
1. Your sister has been very unfair in claiming her share of the A & B portion of your father's property after taking taking the sale proceeds after the A portion was sold,

2. Unfortunately, you can not claim that she does not have any share on A & B portion since there has not been any document from your father which will confirm your claim that your sister has already collected her share of your father's property,

3. However, defend your claim on the said shares of the property when your sister raises her claim on the same by filing partition suit against you, with whatever documents  you can collect to prove that your sister had deposited the cash she had received from your father in her Bank account  after portion C was sold.
Krishna Kishore Ganguly
Advocate, Kolkata
13142 Answers
280 Consultations
5.0 on 5.0
1.Just obtaining Patta does not entitle you to claim ownership of the property,

2. However, if you can prove that you are in possession of your portion for more the 12 years against the expressed wish of your sister, then you can claim adverse possession on the said share of the property,

3. Portion C was part of your father's property whch he was entitled to sell without your or anybody's consent,

4. It will be prudent on your part to settle the matter out of court with your sister.
Krishna Kishore Ganguly
Advocate, Kolkata
13142 Answers
280 Consultations
5.0 on 5.0
Hi, As per the  latest Supreme Court ruling the daughter can claim the share in the ancestral property if the father died after 2005, in view of the Supreme Court ruling your sister has share in the property  and you can't deny her share in the property.
Pradeep Bharathipura
Advocate, Bangalore
4184 Answers
148 Consultations
4.3 on 5.0
The portion A and B has devolved on the heirs of your father i,e widow (if alive) and all children. You should take the consent of your sister before reconstructing the portion, failing which she can apply for stay to the competent court as she has an equal share therein. Your father was competent to sell portion C without your presence and signature.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0

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