Married sister right in fathers farm
Anil yadav
(Querist) 31 March 2014
This query is : Resolved
My mother are two sister and 1 bro. All 3 married. parents dead already. Now in 2013 brother sell all farm without giving part to both sister.
Can Both Sister claim for part in farm.
Is Her Right in fathers land.
Devajyoti Barman
(Expert) 31 March 2014
Yes, she can file suit for partition and injunction.
T. Kalaiselvan, Advocate
(Expert) 31 March 2014
Whose property it was, if it was your grandfather's self acquired property and he transferred the same to his son by gift deed or settlement deed, your mother cannot claim any share in it, if your grandfather died intestate then your mother can claim a equal share by way of a partition suit, or if it was an ancestral property, she can claim her legitimate share as per eligibility under the provisions of the Hindu Succession act, please clarify the details or contact a local civil lawyer and proceed as per his advise.
ajay sethi
(Expert) 31 March 2014
yes both sisters can claim share in father farm . brother could not have sold the farm without sister consent .
Guest
(Expert) 31 March 2014
Well advised.
M V Gupta
(Expert) 01 April 2014
Strictly speaking the sale effected by your uncle is not binding on ur mother and her sister (i.e., ur Aunt). They can challenge the deed by filing a suit. Alternatively they can demand for their share in the sale proceeds from ur uncle. Hence consider issuing Advocates notice to the purchaser of the property and ur uncle challenging the validity of the sale deed. This would force ur uncle to come for settlement.
V R SHROFF
(Expert) 02 April 2014
AGREES WITH ABOVE EXPERTS
R.V.RAO
(Expert) 20 April 2014
yes.if the property is the self acquired property of your grand father and if died without making a will,then all his class 1 legal heirs, ie his mother.wife,sons and daughters are all entitled to equal share in the property.
so your uncle's action of selling the farm house, without other legal heirs'approval , and not sharing of proceeds with other legal heirs is illegal. therefore challenge his action in a court of law.
first issue legal notice challenging his action and demand equal share of sale money, to all legal heirs.
if he does not respond to legal notice,both sisters or your mother alone can file suit for an equal share of sale money or you can as well file suit by taking a power of attorney from her/them.
try to find out from SRO if registration of property (after sale by your uncle) was completed or not.if regn. is not yet done,file suit to stop same.
