My sisters share
samir
(Querist) 02 July 2013
This query is : Resolved
My father expired and i am staying with my mother, my wife and son for more than 13 years in this flat which owned by my father.
My sister is insisting that she has share in flat and want it "now". We have no other house to stay. Can she take any legal action? force us to sell our house to give her share? my mother has also made registered WILL saying the flat to be in my name. The flat was only in name of my father however Society has transferred flat to my mothers name.
Please advice.
ajay sethi
(Expert) 02 July 2013
did your father leave any will bequeathing flat in name of your mother .
how was flat transferred in name of your mother ?did your sister execute any relinquishment deed at that time ?
if your father died without any will . your sister has 1/3rd share in said flat
samir
(Querist) 02 July 2013
No my father made no will and i do agree that my sister has 1/3 share but can she get it when our mother is alive? And we are staying in that flat as I m looking after mother. My question is can she claim even though my mother is alive? Can she legally ask for her share now???
samir
(Querist) 02 July 2013
My sister is married and staying in other city with her husband and her daughter. She is self sufficient but greedy...
Raj Kumar Makkad
(Expert) 02 July 2013
Your sister cannot insist to sale the flat or to leave you rather she can file a suit for partition before the civil court and it shall take years and years to decide and she shall be required to affix court fee on the petition.
Rajendra K Goyal
(Expert) 02 July 2013
Agreed with the expert raj kumar makkad ji. nothing more to add.
Adv. Chandrasekhar
(Expert) 02 July 2013
In addition to Mr. Makkad's advice, there is one option to purchase your sister's share after executing appropriate deed.
prabhakar singh
(Expert) 02 July 2013
So it was your father's Flat.Then each of you, your mother, and sister have a share of 1/3 each.Your mother has testated Will in your favor so the dispute for you remains for 1/3rd of your sister for which peaceful
resolution is that advised by Adv. Chandu.
In case you are in paucity of funds then to buy time you may follow strategy of Mr.Makkad.
R.K Nanda
(Expert) 02 July 2013
nothing to add.
