quesHow can i claim of my share in the property ? Sister interfering.

the property is in the name of me and my brother. but we both have to vacate the house due to the interference of our sister from England. now what can i do to get back into my own house or get my share so that i can buy my own property?

  • ansIf the property is either self acquired by you and your brother or if it willed to you and your brother and it's not ancestral or HUF (Hindu Undivided Family) property then your sister cannot do anything and you SHOULD NOT vacate. If you want your share, u already have it... so the question of buying it does not arise.

    Advocate Arjun Vinod Bobde

      Supreme Court of India, Delhi

  • ansDear Sir,

    The facts area not clear. The property you are talking about is your ancestral property?

    Please provide more details as to nature of property of it is sold owned or ancestral?, whose name appears in records etc.

    Feel free to revert in case of further clarifications.

    Advocate Sonia Saini

      Dwarka, Delhi

  • ansThe best way to obtain your share would be to file a partition suit. In this suit, after the parties have proved their right /claim, then the court will direct splitting of the property. The settlement could be by way of selling the property and dividing the money or one party buying out the others.

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