Our late father gifted his residential house to his 8 sons through registered Will. He allowed one of his daughter to stay in a portion of the house "without any payment" "out of compassion and pity". In the Will father "desired that she should be allowed to stay till she is able to shift elsewhere or she breaths her last". He expressly confirmed in the Will that "none of my daughter or their heirs will be entitled to have any right or share in this residential house property on any ground whatsoever and any litigation raised for any right or share by them on this property shall be considered null and void". As per his desire, sister is allowed to stay even after father's death in 1990, and is continuing to stay in a portion of the house for last more than 40 years without any payment. Corporation Tax is paid by brothers only and no contribution was received/asked from sister. We, 8 Legal Owners, have now decided to give the property to Promoter (avoiding increasing cost of maintenance and as only 1 (out of 8) of the Owner is residing in this house apart from sister). Can sister now claim a part of the property or prevent us for promoting?
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1) sister has right to stay in said property during her lifetime
2) she has no share in said property
3) offer her alternative accommodation and with her consent sell the property
4) she can obtain injunction restraining you from selling the property
Well, father wish shall be carried till her last breath. She has no claim but if you are agree to provide her separate accommodation till redevelopment and permanent accommodation after redevelopment than she cannot prevent or obstruct.
1. You can give the property for Redevelopment, PROVIDED you continue enforcing the Fathers WILL, by providing accommodation to the Sister, till she is alive. All this clauses has to be incorporated in a proper registered deed.
2. It would be unwise to grant any title-ownership of the new redeveloped building to the sister, which would be against the Fathers WILL.
3. You would have to provide alternate accommodation to the sister, and you would be liable for the rent of the alternate accommodation, to the sister.
The WILL should be certified by the court of law. If it is your father's self acquired property then she cannot demand as a matter of right.
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
She will have right to stay in the said house after giving the same to promoter. Its better you settle the matter with her.
See sister cannot claim any portion of house though alternate arrangement of her residence has be made by brother to shift her from house as she has life rights and she can claim bring stay on promoting the property.
Sister would have no claim in the property as the same is clearly mentioned in the will.
As she has not challenged the will till date, she is bound to accept whatever is written in it, you would have to provide her alternate accommodation till the time the property is redeveloped.
Since the Will is authorising her to live in the property till her lifetime, she may protest the redevelopment process fearing that she may be thrown out of the property despite there is a will bequest on this and had been recognised by the other beneficiaries till this date.
She my even approach court of law with an injunction application or suit seeking permanent injunction on this which may jeopardize your entire program for redevelopment of the houser proeprty.
Hence you may speak to her and make her to come to an amicable solution by assuring her with a flat for her to live in it till her lifetime, if she accepts your proposal you may go ahead or you may not be able to do anything on this neither you can remove her from the proeprty forcibly, it will become a criminal offence.
1. As per the Will sister cannot claim any right in the house bequeathed to the 8 sons
2. if that house is now being submitted for redevelopment, then the sister will continue to have a right of stay in the new house to be allotted by the builder
3. thus as per the Will, till the time she is alive or till she finds alternate premises for her stay, she can continue to live in the house and if that house is given for redevelopment, then in the new house
4. this necessarily implies that the sister will have no claim in the new house as well as she is restrained from claiming so under the father's Will
Hello,
The sister can claim her residential rights in the property that is being re developed.
As per the will the property can not be sold till the time the sister breathes her last or becomes capable of living alone.
you may talk to her and settle the dispute amicably.
regards
She can stay as per your father will till last breath but she has no share in property.without consent of her brother cannot sell said property.
1. Your father has not gifted he said property to you through his will. He has bequeathed his property to you through his will.
2. You shall have to take the grant of probate of the said will for claiming the said of yiour late father and without probate, will has no value.
3. Your sister has the living right in the said house of your late father from where she can not be evicted.
4. She can ofcourse refuse to shift to enable you bto develop the property.
5. You can develop the said property with the consent of your sister only by executing a development agreement wherein she also should be a signatory.
The Residential House, a two storied building having a total of about 3000 sq.ft covered area, was constructed by our late father more than 50 years back. The condition of the building is very bad due to poor maintenance out of financial constraints. Moreover, only one Co-owner is now residing in this house apart from our sister. As we want to give the Residential House to Promoter, we, all 8 Co-owners, offered free alternate accommodation during reconstruction of the building and also a flat in the new building (to be allotted to her). But our sister wants a status-quo, meaning she wants to reside in this House only thereby denying us for Promoting. Please suggest Legal Action that we can take for Promoting.
See you can issue her a notice that the building is not fit and can fall and you want to reconstruct same and pending reconstruction you will offer her accommodation if on notice she fails you can file a suit seeking possession of the property.
1) since building is in dilapidated condition obtain structural engineer report as to condition of building
2) inform municipal corporation about s structural engineer report
3) occupants would be directed to vacate the building
4) if sister refuses to vacate building seek court orders to direct sister to vacate building and offer her alternative accommodation
1. Your offer is very justified.
2. However, her consent is requitred for the said development since she has the right to stay in that house for her life time.
3. You can arrange to get an order from the Municipal Corporation declaring your house as dilapidated and dangerous to stay there in to creat pressure on your sister to agree to your proposal.
You can go to the court for her eviction on the basis of deteriorating condition of building. Court will evict her
If your sister is also entitled to a share in the property and she is unwilling to vacate the property, you may have to file a partition suit seeking partition and separate possession of your share in the property, but it will take lot of time for the case to be disposed.
However if the building is in dilapidated condition , you may write to the Municipality about it and can seek for its demolition and get a certificate as well as permission to demolish the same, after this your sister has to vacate the property without any alternative, then you can put before her the proposal of redevelopment of the same with additional offers to her.
Consult an advocate and proceed on the advise received.
Settle dispute amicably through an mediator
Dear client
If the house for which your father have make the will was self acquired then your sister cannot claim the share in the property. And she should agree to your offer of free accommodation and a flat in new building.
But she can claim the share on basis of adverse possession in the house from last 40 years.
So My suggestion is that you some how make your sister understand that you are thinking about the house of father.
Approach municipal corporation. As the condition of the building is not suitable for residential purposes due to its dilapidated state, they would issue a demolition notice.
Her case will result dismissal. She cannot claim inherent right over property. As per gift deed you are actual owner and property in dilapidated condition, absolute right to get it redevelopment.