Property distribution
4 years ago
Sir, we r three sisters (muslims)my father (late)worked in indian army for 23 years .After retirement ,he purchased 2 houses one of 86 sqftand the other of 78 sqft.The 78 sqft is b form house and 86 sqft is registered one .my 3rd sister husband is in police department(homeguard)He is very greedy and get more share from the property.My younger 3rd sister took 78 sqft b form house which is on my father's name actually.iam 2nd daughter me my mother and my elder sister signed on the documents in which it was written that we r selling the house to my 3rd sisters husband.he intentionally wrote like that in stamp paper as we r selling himon 100 rs.stamp paper.AT the same time we got two 100 rs . Stamp papers .my mother signed on 100 rs.stamp paper that she will give 86 sqft house to me and my elder sister in future.and on another 100 rs. Stamp paper my 3rd sister signed that she has no rights on 86 sqft house.And now her husband is generating issues that when actual registration of 86 sqft house takes place on me and my eldee sisters name i will not allow my wife to sign on papers.can we still get it registered without my younger sisters signature?what r 100 rs .stamp papers ?how can we solve our problem?kindly explain.
Ayantika Mondal @ Prime Legal
Responded 4 years ago
This is purely a partition issue. You may ignore those 100 Rs. stamp paper writes up for now. But better to issue a notice to return those stamp papers. Further, without paying consideration (money), a sale can not establish and he needs to prove before the court for the same.
I suggest you all go to a lawyer and follow the below:-
A. Decide internally who wants to get what share, ( the property shall have 4 equal shares).
B. Explain lawyer with all the documents and request to prepare a partition deed.
C. Register the same at sub-registrar office and get all of your partition done accordingly.
D. If any dispute on the partition, you may move to civil court and file a partition suit that court to decide who will get which partition.
Yours case cannot be effectively advise unless I see your all the documents and maps pertaining to the property. If I venture to advise it may mislead you..