Partition
kumar
(Querist) 09 October 2014
This query is : Resolved
my grand father purchase a 500 sq yard house in delhi around 55 years ago. he has two daughter and one son. afterward my grand father and mother died without will. In 1995 this proper transfer to my father by mutual understanding among between my father and his two sisters. in 2003 my father also died without will. my nother is still alive. he has five children three son and two doughter.
Now the dispute arise. we three son want to transfer/sell/ownership right of this property on our name but One sister demand her share married in 1984, but second sister is not demanding her share married in 1975. one sister is not signing any paper. is there any remedy without her sign ?
ROHIT SHARMA
(Expert) 09 October 2014
1. The property in context no more ancestral as it had had been partitioned by the mutual settlement between your father and his sisters.
2. Now after your father's demise his property would devolve upon his legal heirs ( your mother inclusive) who have equal rights in such property irrespective of the fact that both of your sister are married.
3. Hence, it will be difficult for you to sell the property unless all of the legal heirs are united and make a family settlement.
4. Be tactful and allow your both your sister to have their share or else litigation will bring about unwarranted handicaps.
Rajendra K Goyal
(Expert) 09 October 2014
Your sisters has right in the property as legal heir, try for an amicable settlement.
