How to share parent property if one minor sister is not responding
jcreddy
(Querist) 27 August 2014
This query is : Resolved
Hi all,
My father and mother expired,with out writing any will,
we are two sister i am the major (20 years) and
I have a minor sister(her age 17 years).when my parents expired.My sister is staying with my grandfather ( my mother father ),
i didn't like there behavior i stayed away from them,
Now i got married, i asked my sister , we both will share our parents property equally,
But my sister saying i wont share property until unless grandfather say to share it,But unfortunately my grand father saying that i wont give you anything single rupee.
Now my questions
1.How to take my share from my parents properties?
2.My sister is minor,can i put put a case on my sister or on my grand father (he is the one my sister is accepting him as a gardeneon for her)
3.They trying to illegally change my father properties to their names ,is it possible to transfer the properties with out my sign? Original documents are with them only.
4.In legal-head document my name is also mentioned,how to send a notice to MRO officer such that with out my confirmation no such illegal registrations should be done?
Please friends help me...
Anirudh
(Expert) 27 August 2014
First send a legal notice through a lawyer asking for partition.
If that is not coming through then immediately file a case for partition. Since you are not in possession of the property, please remember, you may have to pay appropriate court fee.
malipeddi jaggarao
(Expert) 27 August 2014
First of all gather the information about the properties. This can be done from the Revenue Records (Tehsildar Office); Municipal/Panchayat Records (If they have proprties in the Munipaplity/Panchayat area).
You can verify the concerned Sub-Registrar Office also if properties are purchased in that area by your parents. After gathering this information, approach an advocate and ask him to issue a legal notice stating that you and your sister are the legal heirs and grand father is keeping the possession wrongfully and he should make partition of the property.
You keep a copy of Legal Heir certificate issued by Revenue Authorities.
In the meanwhile simultaneously rope-in close relatives who can represent your grand father to settle the matter amicably.
Rajendra K Goyal
(Expert) 27 August 2014
File suit for partition after sending legal notice. Agree with the expert.
ajay sethi
(Expert) 27 August 2014
agree with experts
Kumar Doab
(Expert) 27 August 2014
Agreed with Experts.
If you are apprehensive that properties may be sold by unfair means obtain injunction.
Consult a local lawyer in person.
Sudhir Kumar, Advocate
(Expert) 27 August 2014
1.How to take my share from my parents properties?
Ans : xxxxxxxxxxxxxxxxx
Mere though in your mind gives wrong indications. Normally it should have been you who should be her guardian and your grandparents have found justified to intervene. Had she not got their protection you would have sold property against her wish.
have blocked my answer after writing.
Sudhir Kumar, Advocate
(Expert) 27 August 2014
2.My sister is minor,can i put put a case on my sister or on my grand father (he is the one my sister is accepting him as a gardeneon for her)
Ans : xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
very unfortunate for a minor child to loose parents and be sued by his own brother when both are in tender age.
I have blocked my answer after writing.
Dr J C Vashista
(Expert) 27 August 2014
Wait for another year when your sister attains majority, then partition the properties by meets and bounds, as acceptable to both of you. Meanwhile collect details of all details of the properties acquired/inherited by your father/parents.
Your grandfather (nanaji) cannot interfer in the issue.
P. Venu
(Expert) 27 August 2014
Technicalities or legalities apart, I feel your grandfather is trying to protect your interest. Anyhow, even legally, he is the de facto guardian of your sister and he has only the responsibility to preserve and protect the property and no authority to part with it.
T. Kalaiselvan, Advocate
(Expert) 30 August 2014
In the absence of your parents, your grandfather can be a self appointed defacto guardian to your minor sister, thus if you apprehend that he is likely to sell away the property depriving your right and interest in it, you may file a partition suit against your sister holding him as a defacto guardian to her, along with an application for injunction restraining him from alienating the property until the disposal of the partition suit.
