Partition Suit

We have 300 years old house and which was divided among three brothers. My grandfather got 4.5 ghuntas of his share. My grandfather expired in 1989 and left behind four sisters and two sons one son was adopted by another family and another son is my father. The house was in my grandfather's name. We stayed in that house many years after sometime we decided to renovate it but my four aunties objected it, when the house was about to fall in one rainy season we left that house and stayed in a rented house. In one of the property case all aunties had given GPA to manage all properties so on that bases including this house. On that bases court made one compromise decree and made the house in my father's and my mother's name in 1998. After couple of years my dad's and mom's name entered in the RTC. Now all sisters filed case against us in 2011 for partition suit. The lower court is saying that all sisters will get notional share. But we are ready to give 1ghunta for one aunty as she is divorcee. So judge has advised us to go to Lok Adalat. So please guide me some legal help.

Asked 8 years ago in Property Law

Religion: Hindu

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2 Answers

The law says that the daughters have equal rights in their father's property.

Your aunts are the daughters of your grandfather and as per law they are also entitled to an equal share in the property at par with your father.

Just bcause your father's name has been entered in the RTC records, he cannot become an absolute owner of the entire property.

If others agree for an out of court settlement then they may decide about it and inform court to draw a decree and judgment accordingly otherwise you cannot dictate terms as per your own will and wish.

In fact you do not have any rights in it during your father's lifetime.

He only can decide about all such things, legally.