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 8 years ago in Property Law
Religion: Hindu
I have an additional point to make here.
In 2102 my self and my brother have made a patta ( proper ownership document) and had the property registered under our respective names and paying all tax till date.
One more point is the sale of portion "C" to outsider was executed in my absence and without my signature and will, whereas it was signed by my brother & Sister in the sale deed as witness.
Please advice if we have a better chance to fight this in court or to settle out of court with my sister(by adhering to her demands)
Asked 8 years ago