Elder sister registered father's property in her name & denying share

Sir I am a Hindu girl. We are three sisters. Actually my father expired when I was right years old. Now I am 21. The land in which we are staying was bought by my father... But as some dues were left, so the documentation process was not done but after my father died my brother in law along with my elder sister went to the owner and paid the remaining 10000 rupees and asked to complete the documentation process. The owner was about to write the property in all the three of us names.. but my elder sister told that she would take a home loan and build a house for us and so she asked us to name the property in her name.. so we agreed and the owner named the property in her name. But now she is neither taking any home loan nor making house.. she even threatens us to not give the property back. So what should we do to make the property in the name of three of us..my mother is also alive us well.. now we are suffering lots of problems..kindly help

Answers (3)

248 votes

Do you have any written agreement between you and your sister if no then a civil suit of partition and possession can be filed under code of civil procedure praying the court to declare the portion of inherited property in favor of petitioner and the trial begins thereafter. Once the court passes a decree of partition then accordingly mutation can take place. You can consult with a lawyer he will suggest you.

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300 votes

you have to challenge the registered deed, also prove the fact in the Court that your father had paid substantial part of the amount. But your sister's assurances may not be in writing so there is nothing to disprove that she was the one who actually bought the plot of land. These are all disputed questions of fact and perhaps the only way to prove this is if they make an admission to that effect during cross-examination. in any case you have no option but to file a civil case to prove your part ownership, as a result of succession of the assets/property from your father. But you will have to prove that the land belonged to your father, and inabsence of a concluded contract/agreement in his name, that may be difficult

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To understand the matter properly, I will require your documents. Once I go through all the pertaining documents, then will I be able to give you better legal advice. So, kindly contact me with the details.

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