Partition suit

You have not provided the details, however, I will still try to give you a reply.

Your father would have had two tyoes of properties - one is self earned and the other would be ancestral. Your father can transfer, gift or sell any self earned property in a manner that he wished. However, for ancestral property, as per law all members (including co-parceners) are entitled to their share of the property. Prior to the amendments in law, girls would lose their rights on marriage but as the law stands today, even girls who are married have rights on ancestral property.

Hence, you will first have to list all the property of you father & mother, classify them as ancestral or self earned and for ancestral properties you will have to identify the heirs and their individual shares. Then you have to discuss with all the heirs about their shares and come to an agreement and act accordingly. If there are disagreements, my suggestion is that you resolve it amongst the family members as there will be some members who may benefit and some who may lose but they are all family members only so it is ok. But if you do not resolve and compromise then you may have to go to court where you will lose time and money, your relations will sour and health may go down. And is it really worth the effort? In many cases, in my experience, the family members realise that it is ok to let go then to fight.

It is your decision, please take it after thinking of all consequences you can think of.

S Jadhav

Mr. Mohan Patil,

You are now in trouble.  Please follow the advice given by Mr. S. Jadhav.

Mr. Jadhav,

Where are you from?

Mr. Patil,

You are trouble because your sisters may file the case to add their name in 7/12 extracts as guided by mr.s. jadhav.  so you act carefully.

Tripti Nagwekar,

Thanks for your advise.

My father divided the property before 1974 and gave a vardi (report) to Tahashildar in 1974 which says "The property is divided long back between my self, my wife and my two male children" The report also siad we are occupying the property. Since 1974 our name is there in 7/12. At that time probably sisters did not have right in property. My 3 sisters got married before that and one sister was minor. But still my father took the signature of all the sisters. I have the copy of the report my father submitted to Tahashildar office. I obtained it from Tashshildar office only. With this information do you think I am still in trouble. Please advise. 

Mr. Mohan Patil,

You have not mentioned whether your 4 sisters are demanding their share in father's property.  You are just asking academic question whether they are eligible to get share as this question is supposed to be asked by your sisters to their lawyers.  It is clearly mentioned by mr. s. jadhav in his advice that if property is ancestral, yes sisters have right.  Now still you think that you and brother would enjoy and grab the share of your sisters, you are wrong because your sisters are demanding or not I don't know.

One of my sister died. Her grand child is al egal heir but his mother is ex-part. therefore court has given court guardian. Only that court guardian lawyer has raised this question. We said the first family partition took place in the year 1974 and gave the copy of 7/12 etc to the court. This lawyer says the partion did not take place in 1974. My other sisters who are alive have not raised this question. We are not planning to grab our sisters rights. We are saying that they have rights in the property which is now in the father and mother's name. In fact my brother has taken loan on his property and he is not able to pay that loan. The principal and interested has compounded to more than 20 lakhs. No body wants to take share in his property because loan will also be transfered to us. My brother is ex party but he is known to the court gurdian's father. My brother wants that everybody should take share in his property so that his loan burden will decrease and he will get the property without loan. The court guirdian of minor child is raising this question to help my brother instead of the minor child. I hope I have given sufficient practical problem. Kindly advise. 

Mr Mohan,

A loan is given to a person whether individual  - natural or legally created like a partnership or a company. So assuming that your brother was given a loan by some lender, he must have had to provide some collateral. Your brother may be unable to pay the loan and hence the lender may be trying to lay their heands on his assets. when the lender takes the assets and tries to auction it (maybe using SARFAESI), the price or money recovered by them will be much lesser as compared to the money you will get when you make a sale as the owner. So if you wish to help your brother, do not do it by getting your shares in the property, etc. Help him directly.

However, now since you know the problems of keeping partitions pending for long time, please complete the partition of the property and separate each members share so that the complications do not increase.

Please take help of a local and trusted expert to complete this.

I am based in Mumbai. Are you based in Mumbai or Maharashtra ?

S Jadhav

I agree with Mr. S. Jadhav.  Mr. Mohan, if grandson of your sister is claiming through their advocate and other sisters are not demanding.  It is in the interest of your one sister and her grandson, you talk with them directly instead of lawyer and see how much amount they demand.  whether the demand is equal to their right or less than that. and resolve this problem at once.

I tried everything but nothing worked. My Late sisters daughter-in-law (widow of my sister's son) wants her share in my sisters property. She is not getting it and not ready to go to court also. Her demand is I should help her in getting her share from her mother-in-laws property  then she will give her share in my parents property to me along with her minor sons share.  I cannot solve her problem becuase my sister has only one house and one son alive one son and one daughter died. 3 grand children, one son and one daughter in law fighting for one 2BHK house.