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Mother died intestate,sister wants her share what can i do to postpone
27-Nov-2023 (In Property Law)
We have a flat in the name of my mother who died before a year. Till her death I was staying with my mother in that flat with my husband and children for 10 years. After her death, my younger sister (married since 3 years no kids) is asking share in that.I am ready to share the property but my desire is to give her half share and own the property for which I need some time for fund. But she is asking me to sell immediately.Is there any time limit or if I am not willing to sell for how much time i can postponed this.Fear is that her in-laws are compelling her to get share to swallow the money.
In you case, if your father is alive, he too shall be entitled to a share in the property.
If your father is no more and you have only your sister as a co-sharer, she is entitled for 50% share in the property after your mother's intestate demise.
If your sister is insisting on partition or getting a share out of the sale proceeds, you may explain her your financial constraints and buy some time for settlement.
If your sister is not agreeing or willing to give you time, you may ask her to proceed legally seeking partition through a court of law.
A partition suit before a court of law will take years to get disposed, by the time you can arrange for the funds and give her the share in terms of money by filing a petition before the court to this effect and get a decree drawn accordingly.
You can secretly inform your sister that your this action is to defend her interests from the evil clutches of her in laws who are intending to grab the entire money for their own purposes and leave her to toil in lurch.
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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There is no provision of law which allows any time limit for complying with partition of family property. Further, you can take a defence of 'settling old dues of mother, etc.,'
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