Hello Sir. My father died intestate without leaving a will. Both me (brother) and my sister are married and have own families. My mother and sister with her daughter are staying in the house built by my father while I stay away in a different city with family. My brother in law works in a different city and often visit his daughter. Now my sister has gone astray by divorcing her husband without our knowledge. She revealed this to us only recently. Not only that, she also mentioned that she is marrying someone else and she wants to continue staying in my father's house after registering her marriage with another person. Now my mother and my family who does not approve of her new alliance do not wish to be associated with her henceforth since it is against our will and without our knowledge. In this regard, she has threatened to continue staying in the same house built by my father along with her new husband and challenged us to go to the court. In this regard, my mother and myself do not wish to allow her to continue staying in the house since we have lost all respect and honor in the society and in the neighborhood. Is it possible to evict her out of the house? Is it possible to alienate her in this regard?
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1) on demise of your father your mother , you , your brother , sister are the legal heirs
2)you cannot evict your sister as she is one of the legal heirs
3) best option is to sell the house and split the sale proceeds
4) in the alternative file partition suit for division of property by metes and bounds
it is physical division of the property by drawing up the boundaries. This is what is known as partition by metes and bounds
Is it possible to sell/mortgage one's share of the property that has been partitioned by metes and bounds.
you are at liberty to sell or mortgage your share of property after it has been partitioned
1. On the demise of your father his property devolved through intestate succession on his widow and children including daughter. The share of your sister is at par with that of yours.
2. The divorce and subsequent remarriage of your sister are no disqualification to her right to succeed.
3. It is not possible to evict her from the house, albeit you are free to file a suit for partition of property through metes and bounds,
Once the property is partitioned through metes and bounds it can be sold.
She is eligible for a legitimate and respective share in the property.
respective share.
She can issue a notice through a lawyer and then approach consumer forum for relief and remedy.
Is it possible to sell/mortgage one's share of the property that has been partitioned by metes and bounds.
Yes it is possible.