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Elder sister creating disputes over partitioned property what to do


20-Feb-2023 (In Family Law)
We are five children of our parents, 3 brothers & 2 Sisters, all are married & have children. Our parents died 15 years back. Now, on one of the land which our father owned our elder brother has built house with permission of all five siblings. And on the other land (belongs to my father) my other 2 brothers have built the house. Now, one of him died few months back, I was homeless so my brothers insisted me to build a house over the terrace where my two brothers are living right now. But my elder sister is not permitting for the same, she do have a self owned house still she is demanding her share in the property. Our elder brother is ready to give her another property which he owns. but she is not ready for it & she is demanding money only and she is threatening us. Please suggest what can be done in this case.
Answers (3)

Answer #1
524 votes
you have serious ...but may file civil suit for prohibitory injunction ....and file partition suit under Hindu succession act....but first you have to issue notice to your sister for not to cause nuisance in your development work
Answer #2
966 votes
Hello,
If you have BMC permission you can go ahead and build it. Your sister can't do anythn if the property is in ur brothers name. BMC permission is very important though.
For further assistance please contact me.
Answer #3
771 votes
As per Hindu law married sisters have no right in the property of father ,up to the implementation of rule in 2004, your parents died 15 years ago,hence sisters have no right in this property. if your brothers are permitting for your noble purpose, then legally you can build.

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