LawRato

Father's property registered in sister's name can I claim share


07-May-2023 (In Property Law)

I have one sister, due to some financial issue my dad has registered our house on her name. Now can i stay in this house till my parent alive. Also she has owned that house only 5L but the value is Around 30L. Can i get the balance amount even after registration. Pls advice sir

Answers (2)

Answer #1
894 votes
You have not come out with full details. If it is a self earned property of your father he can settle his property to any person. You have said due to financial problem the property was registered in your sisters name for a lesser value. Once it is settled it becomes her property. She need not pay you the balance amount.
Answer #2
919 votes
I do not understand your query fully.
Here your basic query is wether you can stay till your parent live. First you need to look at the nature of document through which your sister can claim the property. (Registered document you have mentioned above). Try to understand who is the present title owner of the property. Your sister should give proper notice if she has any title claim. Segregate proof to show that you reside there. It may electricity connection in your name postpaid connection etc., Have a stronghold to possession.

If you are not interested in getting a share out of your father estate its your choice. If you are interested than do the further steps.

see how your father acquired the property, whether as self acquired property or as family estate.
He can make a settlement deed during his lifetime to his family member if it is self acquired. If the property came from your grandfather to your father than you have a better chance ( not applicable to partitioned property.) Also situation at which your father made such deed plays vital role in deciding the trueness of the document at his free will.
Furthermore, even a registered document can be challenged if your father support you to make the registered document void.
Regards
G P Vijay
Sent from mobile

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."