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Staying in ancestral house can father's sister claim share


01-Feb-2023 (In Property Law)

House in name of Grandmother and Father in DELHI, Father has only 1 Sibling (sister). Property in possession of me and my mother-both staying. How can she file for her share in the court of law in the property as the settlement has failed between us ? What Court Fees, What type of suit ? Market Value is Rs.3 Crores & Circle rate around Rs 1.5 Cr.What option she has if I dont sell my house and dont giver her share in the house as I also need a house to stay in. Please Guide ??

Answers (3)

Answer #1
709 votes
Under the Hindu law of partition, a daughter can claim her share by filing a suit for partition; however, that can only be for joint family property and not self-acquired property. Court fees is subject to whether the Claimant / Plaintiff has possession or not. If you have a separate house, then that has got nothing to do with the present issue.
I would need more information on the settlement as well as other details before I can advise appropriately.
Answer #2
922 votes
Hi,

What is the age of your father's sister and when she was married?
anyway if you don't sell your house and don't give her share and if she got order from the court than by the order of court she will get forcefully her share even your house may be sold.
Answer #3
974 votes
Is your ground Mother alive ?
Till the time She is alive and your Father is alive,
They are free to decide with respect to their property, She cannot claim.
But heading you say house ancestral but the question doesnot say so.
HOW the property is ancestral if it is in the name of Grand Mother and Father.
Suit can be of partition, / Declaration etc court fee required to be paid on 1.5 cr.'
How she is claiming the Share, it is not known at this stage.

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