• Evacuation of house and property disposal

Dear Sir/Mam,

I am legal administrator of my father's property. I got letter of administration and we are 6 sisters. One of the sister is residing in my father's property and is not evacuating the property nor is she ready to sell off. She is not letting us stay at the house also, all sisters are staying in different states in India and she is only living in House along with her husband. Now she has started transferring documents on her name. She has transferred the electricity bill on her own name without informing or taking any written document from us. We have filed the complaint in Mumbai Electricity. But we are scared she will do such things more. I want to know if any Evacuation Order can be passed so that she vacant the house , what is the process to get that order. I got letter of Administration from High Court in February 2016. Do we need to file any Suit??
Asked 5 years ago in Property Law
Religion: Hindu

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7 Answers

She is also entitle to share in father property, so can`t evacuated, But by filling partition suit, she will rest with her share and portion.

Yogendra Singh Rajawat
Advocate, Jaipur
21807 Answers
31 Consultations

4.4 on 5.0

She is co owner of house you cannot evict her

2) file suit for partition for division of property by metes and bounds

3) seek injunction restraining her from selling her share in property

Ajay Sethi
Advocate, Mumbai
91361 Answers
6829 Consultations

5.0 on 5.0

Respected Mam, first of all she cannot be evicted as she also co-owner in the property but further she cannot restrict others from use of same property.

File a suit of partition before the court along with an application of interim injunction and relief seeking stay agasint transfer of property and changing of any document.

further in partition suit demand partition by meats and bounds in equal share if that is not possible then alternatively you can pray that the property can be sold vide auction and share can be divided.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) If you have rights in the property ass legal administrator, like that your sister also have the rights in the property.

As a co-owner, your sister can bring a partition lawsuit to force the sale of the house. In most partition lawsuits, the judge orders the property sold with the sales proceeds divided among the titleholders. It is extremely difficult to defend a partition lawsuit unless there are extraordinary circumstances.

Ganesh Kadam
Advocate, Pune
12745 Answers
226 Consultations

4.9 on 5.0

This is my response to you:

1. First send her a legal notice for eviction along with proof of that you are the legal administrator;

2. Secondly you can also file a suit in the court for eviction;

3. Since you have obtained the letter of administration from High Court, you can also file contempt of court application;

4. Since the High Court passed an order in your favour, anyone who tries to steal the property from you should be evicted immediately.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Firslty, Letter of administration is different from the the right over the property.

Secondly, if your father is alive and this is the self acquired property then he himself file a suit for eviction for them.

Thirdly, if he is not alive and the property is self acquired without living a will then every one would have equal rights in the property as per Succession law.

Fourthly, if the property was the anscestral one then also it would dilute as per inheritance law between you all.

Fifthly, though you can file a suit for injunction agaisnt her to not to go further with any sort of property transaction.

Sanjay Baniwal
Advocate, South Delhi
5468 Answers
13 Consultations

5.0 on 5.0

If the property has been left as intestate succession then it will devolve equally on ll legal heirs.

If you want to solve the issue legally, you can file a partition suit seeking partition of property and separate possession of each individuals share.

T Kalaiselvan
Advocate, Vellore
81541 Answers
1838 Consultations

5.0 on 5.0

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