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Raja H   27 December 2024

Ancestral property share not given to sisters

Dear sir/madam,

My grandfather's 38 acres of ANCESTRAL PROPERTY is divided and shared by 3 brothers in 1998 without giving shares to 6 sisters.

1) Is the honorable court accepts my suit now or rejects due to late submission?

2) If only 3 Sisters filed suit then all the sisters will get their shares or not?



Learning

 12 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     27 December 2024

The limitation period for partition suits is 12 years.  Why did you delay in filing suit?

T. Kalaiselvan, Advocate (Advocate)     27 December 2024

The daughters are entitled to their legitimate and rightful share in the property that belonged to their father.

If the sons alone divided the property among themselves by excluding the daughters then it is illegal and invalid.

The succession opened when their father died intestate hence they are entitled to claim their rightful share in the property anytime and it is not barred by limitation.

The daughters who are joining together for filing the suit for partition can do so as plaintiffs and can implead the other siblings as defendants.

1 Like

Raja H   27 December 2024

Sir,

Actually we don't want their property till now. We gave 15 lakhs money when they are in need. They are not returning our money. They cheated us. That's why we want to take share in ancestral property. Please help in this matter sir.

Dr. J C Vashista (Advocate )     28 December 2024

Advancement of money cannot be a constraint for the sisters to claim their share in ancestral intestate property. In simple terms lending money is irrelevant in partition of property as per succession laws of the parties. You may deal it separately.

Partition can be sought at any time where there is no limitation. 

Presumably you are Hindu, your sisters have equal share in the property left behind by parents.

1 Like

Raja H   28 December 2024

@Dr J C Vashista sir,

We paid their personal loans when they were torchered by the person who gave loan to them. 

When we ask to return our money from our maternal uncles they are not returning our money and also insulting my mother. 

My point is if we file a partition suit, they will come to compromise or we will get the property share instead of our hard earned money. My father passed away back in 1995. My mother is a peon in a office. It's her hard earned money.

Please sir help me.

T. Kalaiselvan, Advocate (Advocate)     28 December 2024

Don't mingle all the subjects together.

You can find remedy for the both the subjects separately hence you consult a local lawyer and proceed as advised 

Raja H   28 December 2024

@T. Kalaisrlvan sir,

I want guidance only in partition suit matter. After your guidance I am going to consult a local lawyer. 

T. Kalaiselvan, Advocate (Advocate)     28 December 2024

Sufficient opinions have been given by plenty of experts here now it is your duty to put them into practice as per advise suggested by the local lawyer who will handling your case in furtherance.

1 Like

Shashi Dhara   30 December 2024

File suit for partition if 3sisters file they become plaintiffs and other sisters, brothers become defendants all gets equal share, throw stone to fruit tree, fruit may fall or not, try.

1 Like

Dr. J C Vashista (Advocate )     30 December 2024

Now it is your call to contact, consult and engage a local prudent lawyer for appreciation of facts / documents, proper analyses, professional advise and necessary proceeding.

1 Like

P. Venu (Advocate)     30 December 2024

How is that the property is ancestral? How you the brothers alone come to be occupation of the property? Please post the complete avoiding your subjective opinion that the property is ancestral.

1 Like

Neelam Singh   02 January 2025

Dear Sir

  1. Suit Acceptance: The court may still accept the suit even if filed late, especially if the property division was unfair or lacked proper legal process. The timing will depend on the case specifics.

  2. Share for All Sisters: If only three sisters file, they will receive their share, but the other sisters can also claim their part later by joining the suit or filing separately.

Feel free to reach out to me at neelam.singh@advneelamsingh.com for further assistance.

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