Ancestral property step sister claim despite she already got portion .

2 years ago

"A daughter from first marriage may claim from the ancestral property if she has already got a portion of property in registered division of property.
Father were two brothers, ancestral property divided among themselves and name of my step sister is there for one of the portion of property in division documents.
Now she wants to claim half of property apart from what she has already got in division documents what my father got and which is now in the name of my mother in nagar Palika documents after his death in 2003 ( house tax , water tax etc )
Division was done in 1980 that time she was minor .
Please help ."

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Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.division document was registered.
you dont leave possession in any circumstance.
Ask her to go to court.

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Tanmoy Chattopadhyay

Responded 2 years ago

A.The property allocated to her (your step sister) during the first division has become her absolute property. Now the property at the hands of the father is also her ancestral property and she is eligible to have a share in it if the property has not been disposed off by her father. Mere transfer in step mother's name will not change the character of that property unless the mother purchased it by her independent income in which case the mother can dispose off the property as per her wish. After mother's death the daughter can claim a share in that property as well.

Everything can change depending on the terms on which the property was given to your step sister in 1980 and therefore my suggestion will be subject on that deed.

Kindly meet a lawyer with all papers to find out what relief is there before you.

#Civil
#freeLegalAdviceOnCivil

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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Dear Sir,
You can show the division documents as a proof if your sister drag you to the court. You can show the possession and the name on the title deed of the property. Division of property must be done lawfully and your mother can be witness to it.

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SONALI PRASAD

Responded 2 years ago

A.If in property owner is step mother than sister cannnot get the property but if the owner of the property is the father than sister can claim from ancestral property.

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Anik

Responded 2 years ago

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A.Dear Sir,
Partition take place according to the succession act. If she files a case for re-partition of same property or claim your property as her then you can show the partition deed already done according to law and your mother can claim the property to be owned by her. Still if the partition takes place your mother will get the share according to law only.

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SK.Mehbub Hossain

Responded 2 years ago

A.I am a civil advocate you can consult me Ph number nine four double three one nine zero six nine three

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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Keep possession of property and ask her to go to the Court .

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Pradipta Nath

Responded 2 years ago

A.Need to go through the documents for forming opinion.

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Meenakshi Periyahkaruppan

Responded 2 years ago

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A.Need some more details....
Basically Can file a suit for partition

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