Property claim by sister

Dear Yogesh,

If your parents have died intestate( without will) or if the property is ancestral then all three of you will be entitled to one share each( 1/3)

If your sisters file a suit for partition, they will be entitled to 2/3 rd of the share and you will be entitled to 1/3rd of the share.

It is not the duty of the court to tell you what to do with the property.Courts duty is to ensure justice is served( every body gets equal share).

It is always better to settle these issues out of court ... eventually you will be force to do it .

thanks for ur response.

Court will give equal share .This is fine.But my question is

Q1.Court will give equal share but how that share will be given to them. Whenever the property is sold (may in next 5-10 yrs) or we need to immediately sale property to give the share.

Q2.If court force to sale property immediately ..then while selling to next party we refuse to sign on paper..what  will happen? Actually main aim is to sale when they agree to our terms.

Dear Yogesh,

Ans Q1:Once a partition suit is filed, the court will pass a preliminary decree as to your rights on the property. As I had mentioned earlier in my post, the court will only determine your legal rights- court will not force you to sell any part of the property( That is not how a court of law functions).

Ans Q2: The above mentioned answer holds good here.You can wait any number of years and viceversa.The longer you wait , the probability of many more legal heirs ( husbands, children) will compound your problem.

thanks sir.Plz confirm below thing as well

Q1.

So its means after court action only registory(House paper) will be on my name & sister names and there is no force to sell the property .

Q2.property will only be sold out once all are ready & this can give us chance  to negotiate with them(as we want to sell it out on our terms),rite ? Plz confirm

Dear yogesh,

Ans Q1: yes

Ans Q2: yes

thanks

Q1.

Is the sisters kids(after her death) are legally eligible in share or only my(my self bother) kids are eligible for share in property ?
 

Q2.

What if sisters kids are not eligible in share but sister has written Will on their name? then they have valid share in property ?

Dear Yogesh,

Ans  Q1: All the legal heirs of your sister( husband and kids) are entitled to only her share of the property if she does not execute a will during her life time. If they( your sisters) execute a will, only their share of property will be binding and they may bequeth the property to whosoever they wish to . Women's rights are always absolute in law .

There is negotiation going on and hopefully they will agree to our terms .Now we r thinhking to take our terms in written before going for actual sale process.

Q1.What paper work would be safe in this matter ? We are thingking to take our terms written over the stamp paper and get every one sign over that . and again go to court and get verified by court registor. we will going to mention tht all are willing accepting the terms and don't have any objection in present & future and nor this thing in challengeable in future. some thing like this.Plz provide ur view as well.

Dear yogesh,

There is no reason to go to court. Just execute a partition deed, drafted properly and get it registered. A registered partition deed will be binding on all the members party to the said deed in the years to come.

thanks for ur response..My term is to get more share than rest of brothers & sisters.and put the same

in partition deed and gets others written agreement.this shd be fine right?

So steps will be like this,rite? Plz confirm.

1)Prepare partition deed from lawyer

2)register it..registration will be in court or lawyer can register it..

3)then get it sign by all  brothers & sisters.give one copy to all

4)Do I also need sign as well ?

Dear Yogesh,

It goes like this.

The lawyer prepares the partition deed. It will contain different scheudles for you and each of your sisters wherein your shares in the property will be mentioned. This deed will be registered in the sub-registrar's office only and not in court. If there is going to be unequal sharing amongst yourselves the reason for such unequal partition should find some mention, else it will not be treated as a propert partition deed.All of you will have to sign the partition deed jointly as otherwise it is not a partition deed at all. Once a proper partition deed is executed then there will be no going back on your respective shares.

if partition is unequal  partition is it mandatory to give reason ? or just mentioning in partition deed that all members are willing giving share and it won't be claimable in future and get their sign ??

Note:unequal partition here means me  getting 40% of share &  sisters(i hve two sisters) are getting 30% each.

see all of u 3 has same share, court cannot force u sell the property but it will give a order that all 3 will get equal partition .

here u can convinces u r sister to give u more share than others, by mentioning that you had taken care of u r parents at their old age.

At any cost without approval of u r sister u cannot get more share.

sisters are ready to give more share to me & house will be sold soon..Now I am looking to make a partition deed before going for sale process to be in safer side for now & for future.

In partition deed will mention tht sisters are ready to give 40% to me & they each will get 30% of share.I will get their sign and then all will appear in registor office and get it registered.

In partition deed is it mandatory to specify reason for unequal partition or just writing that sisters are willing giving 40% to me and they are taking 30% each & this thing will not be claimable in future ..???Plz confirm this