• NRI Sister not cooperating in sale of property.

My father and mother jointly own a flat. My father passed away in 2015 without leaving any will. Our family consists of my deceased father, mother, myself (brother) and a sister who has taken UK citizenship by marriage. Currently my mother is staying in my house. My mother and myself wish to sell of the old flat, however there is no cooperation from my sister. She does not provide her PAN card or consent etc and quarrels with me asking for share of my flat also. In such a case, what can be done legally so that my mother and myself can sell of the old flat. We are ready to give my sister the share from the sale of the old flat.The flat in question is located in Kolkata, West Bengal.
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

Your sister has 16.67 per cent share in flat

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

3) if property cannot be divided court would direct sale of flat

Ajay Sethi
Advocate, Mumbai
87893 Answers
6207 Consultations

5.0 on 5.0

1. On death of your father all three of you i.e.your mother, yourself and sister inherit the property in undivided 1/3rd share.

2. So in other words your sister is undivided 1/3rd share holder in the flat and hence without her consent you can sell the flat in full.

3. So take her along and with her signature sell the flat and then distribute the sale considerations among yourselves.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Sir file a partition suit before the civil court for partition of the jointly owned flat by meats and bounds since flat cannot be partitioned pray before court to sell and divide proceeds there of, further it would be better if it is mutually settled as in court it takes some time.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

After the death of your father, if he died without a Will, then the property will devolve amongst all legal heir.

your mother and other siblings will be legal heir.

You cannot sell the said property without consent of your sister.

you need to file a partition suit in the court for the same.Being the legal heir you have all the rights to the property as much as your sister. A partition suit is a civil suit and you need to send a legal notice before that .

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Firslty, as per the information mentioned in the present query, makes it clear that you have been subjected to unreasonable delay.

Secondly, you should ask first get the legal heir certificate from civil cpurt of law before selling it to someone else.

Thirdly, once you get that then write a letter to your sister about her consent needed subject to the conditions that she would get her share out of the sell.

Fourhtly, if still she doesn’t, then you may sell it without her consent as there be the presumption of her being agreed.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Hello,

You can not sell the flat without her presence or without her signature.

You may file a suit in the court in order to get the rights to sell the flat.

As and when the notice will be served upon her and mark her appearance.

if she does not appear then the court will proceed ex parte.

Get in touch with a local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Obtain a succession certificate from the district court.on the basis of that the shares shall be given. A declaration suit be filed and the flat should be sold and the proceeds divided.

Regards

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

You and your mother are free to sell your respective shares in the flat, but the buyer cannot get the possession of the flat unless the property is divided. In a dwelling house which is not partitioned the buyer has to file a suit for partition to seek possession of a specific part of the property.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

The Nana coupons does not decide the ownership of the property. As your father expired interested without any will then all the legal Heirs including your mother will be the shareholder of the property if you wish to sell the property you need power of attorney from your sister to sign on her behalf without her power of attorney it is impossible to sell the property

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

file partition suit in civil court and get the property partitioned.then you can sell your share. you can also exceute registered partition deed if they are will to do without approaching court.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

Since your sister is also a legal heirs and a successor in interest in respect of your father's share in the property, you cannot force her to sell this property against her wishes.

You can file a partition suit seeking partition of your share and separate possession of the same along with your mother on one side and your sister as a defendant on the other side.

If the property is impartible the the court may being it to auction sale and distribute the same equally among the legal heirs.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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