R K........ (Analyst) 04 October 2014

can daughter ask for division of property

Dear lawyers, My married sister is asking for her share in my fathers property . My father has died without leaving any will. I know my sister has right on property but can she force us to sell the house in which we are living for last 30 years or can she ask for division of property and force us to give her money equivalent to her share. My mother is also alive and living with me in the house I don't have any money to give to her and I don't want to sell the house also. Please suggest

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Adv Archana Deshmukh (Practicing Advocate) 04 October 2014

Your sister can ask for her share in the house. If you cannot buy her share, then the court can order to partition it to give her share. If you don't want to sell the house and also do not have the money to give her then, try to obtain some loan to pay her and buy her share so that you can retain the house. But your sister can surely enforce partition through the court to get her share.