My sister filed a suit against me for partition of the house

Davinderpal Singh (Querist) 23 January 2016 This query is : Resolved
My father died intestate last year, leaving behind A two-room, small home where I am presently leaving with my wife. I have two sisters and both are married. My mother was died in 2009.

Now, one of my sister filed a suit against me for partition of the house, for her share in the property. I don't want any partition because this partition will make me homeless, and with my share of money I will not be able to purchase a house for me and in that event me and my wife will be thrown out on the streets and my sister will coolly walk away with her share.

My elder sister is also misleading my younger sister who is in good relations with me and she is not interested in any share. My sister is demanding her share at an unacceptable price and the I am unable to give her that share.

Because of the law, me and my wife will be thrown out on the streets to satisfy her ego....?

Follow Query

Report Abuse

P. Venu (Expert) 24 January 2016
Please try to come to an amicable settlement; else, partition is inevitable.

Kumar Doab (Expert) 24 January 2016
The share of the sister may be determined @ market rate and matter be settled.

The other sister that is not demanding may relinquish her share by registered deed.

Or an amicable family settlement deed be registered.

Or the sister that is demanding share may agree for a portion constructed by you with independent passage.

Involve elders and Explore possibilities and settle the matter.

A. A. JOSE (Expert) 24 January 2016
Yes, better try for some just amicable settlement with your sisters who have also equal rights in their ancestoral property and it would be difficult for you to totally ignore their claim please.

Devajyoti Barman (Expert) 24 January 2016
Since your father has died after 2005 the ancestral property of him is liable for partitioned.
However since the house is small it is not likely to be partitioned by metes and bounds but the court after determining the due share of your sister will direct you to make payment of market value of her share.

Guest (Expert) 24 January 2016
Rightly advised by experts.

Rajendra K Goyal (Expert) 24 January 2016
Agree with expert Devajyoti Barman.

Get gift deed from your sister not asking for her share and negotiate with sister demanding her share.

K.S.Srinivas (Expert) 04 February 2016
Reach an amicable settlement with the sister who is demanding her share and relinquishment deed with the other sister.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries