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Author Topic: Sister claiming her half share in my property  (Read 212 times)

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Offline sunnylife

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Sister claiming her half share in my property
« on: September 23, 2016, 08:47:59 PM »
My grandfather purchased a land. He did the WILL of his property to me and my brother in year 1981 (not to his son, directly to me and my brother). After that he passed away in year 1983. Again my brother passed away in year 2008. My brother was unmarried. So, I was the only one who left.

In year 2016, mine one and only one married sister came to my house. She told me that she has financial problem so please allow me to live in my home. So, I allowed her to stay in my home. But, I was unaware of the real fact. After living 3 months in my home, she started demanding her half share in my property.  I am not ready to give her share in my property. Now she had lodged a complaint to local police, senior city SP and chief minister office against me. I am very much confused. What should I do?

I have some construction work in my home. But with the help of police she stopped my ongoing construction work. I also took an advance payment to rent my property. But she is not allowing my renter to enter into my house. Please advise me what should I do?

I have some questions also. Please answer my queries:

1.   Does my sister really her share in my property?
2.   Can she have the right to stop my ongoing construction work?
3.   Can she stop my renters to enter into my house?
4.   She is using my bathroom, my water, my room and even if my electricity. When I refuse it then she took help of Police. I was surprised that police was supporting her and police warned me. Can she have right to use my bathrooms, electricity?? How should I tackle police torcher?
5.   Please tell me the right and proper way to solve this case?



Offline adv.amarnath

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Re: Sister claiming her half share in my property
« Reply #1 on: September 25, 2016, 08:04:36 AM »
What you are doing when your grandfather passed away?? Hope you and your brother was in hibernation..... WILL should have been probated from district court then you and your brother could have been become absolute owner.

1.   Does my sister really her share in my property?
Ans: Right now she has as WILL has not been probated

2.   Can she have the right to stop my ongoing construction work?
Ans: Yes

3.   Can she stop my renters to enter into my house?
Ans: No

4.   She is using my bathroom, my water, my room and even if my electricity. When I refuse it then she took help of Police. I was surprised that police was supporting her and police warned me. Can she have right to use my bathrooms, electricity?? How should I tackle police torcher?
Ans: Yes, you have allowed her to enter bona fide but due to your ignorance of law entire situation turns against you.

5.   Please tell me the right and proper way to solve this case?
Ans: You can try to get probate immediately but there is doubt that whether court will accept or grant probate after 30 years or not. Else you have to file partition suit.

For further consultation in details you can contact me
« Last Edit: September 25, 2016, 08:06:41 AM by adv.amarnath »
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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