• Self acquired property sale

My father died intestate, leaving behind a 2 storey House.I am an NRI with 5 sisters. My mother died in 2015.My mother has bequeathed her share to me.

When i returned to India this month, my sisters are refusing to hand over the key.All the sisters are married and live in different cities.

What legal options do i have to enter the house?

Regards,
Velumuthu.S
Asked 5 years ago in Property Law
Religion: Hindu

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29 Answers

File suit for partition for division of property by metes and bounds 

 

2) seek orders to permit you to stay in said house 

 

 

3) injunction restraining sisters from selling the property 

Ajay Sethi
Advocate, Mumbai
100028 Answers
8165 Consultations

1. IF Sisters are Non-Cooperative, THEN the only legally viable option is to file a "Partition Suit" in the local Civil Court, for your own share ratio and also for mother's share ratio.  Also obtain restraining order against sister's and possession order for usage of said property.

2. Since you are not in India, you may delegate a relative /friend via a Registered Power of Attorney, to represent and file the Civil Court Suit, on your behalf.  All proceedings are uploaded in the court's website.

CONSIDER THIS:

1. ONLY a proper Stamp Duty paid (500/-) and Registered POA holder is entitled to execute any immovable property transaction before the local registrar of sub-assurances. Online POA Registration facility is not available, as yet. IF the POA is not registered, THEN the whole proceedings shall remain illegal. POA can be given to "ANYBODY", irrespective of relationships. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed.

2. POA may have strategic clauses and time limitations of the deal (payment terms, validity time period of the POA document ....), for safety of the POA giver.

3. POA can be registered "ANYWHERE" in India, before the local registrar of sub-assurances and shall be valid throughout India. Stamp Duty on POA is not the same as Stamp Duty paid on Sale /Purchase Deed. A Notarized POA is legally infructuous for immovable properties.

4. POA document can be endorsed abroad by the local consulate office and SUBSEQUENTLY stamp duty paid and registered in India, for it to be legally enforceable.

5.  IF person CANNOT go to Registrar office to register POA, THEN Registrar's officer can be requisitioned to visit home, to register POA, on payment of due fees by following due procedure of law.

6. As per a SC judgment, "Immovable Property" CANNOT be sold using a GPA and such GPA and Sale shall remain legally null & void.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. On death of your father intestate his property was inherited by 7 of you in equal share.

2. Thereafter your mother having transferred her 1/7th share in your favour you have become 2/7th share holder in the property. 

3. Therefore no one can deprive you from getting your 2/7th share and if your sisters do so then you can file a suit for partition and injunction. 

4. Therefore immediately file the suit.  Feel free to contact. 

Devajyoti Barman
Advocate, Kolkata
23662 Answers
538 Consultations

Yes. Co sharers can give the property on rent. However in such case the proceeds of sale is to be divided among all the co sharers. 

Therefore in the partition suit you will have to seek prayer of Rendition of Accounts as well.  

Good luck. 

Devajyoti Barman
Advocate, Kolkata
23662 Answers
538 Consultations

Sisters cannot give premises on rent without your consent 

 

seek injunction restraining sisters from creating third party rights on property 

Ajay Sethi
Advocate, Mumbai
100028 Answers
8165 Consultations

Dear sir,

After the demise of your father, your mother, sisters and you each had 1/7 undivided share in the property.

Now that your mother has bequeathed her share in your favour, you have 2/7 undivided share. You have a right to enter the house but not to occupy any definite portion (that's what undivided share means). 

You'll have to initiate a suit for partition by metes and bound before the civil court if your sisters are not agreeing for a family settlement.

 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

Reply to follow up question:
Unless your consent is obtained, it's not a valid lease agreement. You can challenge it before the court, get the agreement cancelled and obtain an order of injunction prohibiting them from creating any third party rights.
Best wishes.

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

All of you are entitled to a share.

How did your mother release her share?

It canmot be let out, still you can demand accounts. 

Regards 

G.Rajaganapathy

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

You have 2/7 share in this house.

They couldn't have leased out this 2 storeyed house without your consent.

Prefer a partition suit.

Vibhanshu Srivastava
Advocate, Lucknow
9769 Answers
323 Consultations

Dear Sir,

The lease deed may be given by the sisters but your rights can't be impaired with and hence you are suggested to first serve a legal notice and then file the case of the partition. 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

After the death of father his legal heirs become the absolute owners of the property. Try for amicable settlement with them for getting a speedy remedy . If the conciliation talks are going in wrong way or failed ,  then file a partition suit for getting your share in the property and restrain the sisters from  lease out the property by way of filing a injunction application. 

Ajay N S
Advocate, Ernakulam
4126 Answers
114 Consultations

1. You have to file a suit before the court seeking your share and possession of the property. You cannot forcefully enter the premises. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See you are co-owner of the house lease agreement signed without your consent is not valid and applicable on you. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Since you are entitled to an equal share in the property besides your mother's share in the property through her Will. 

You file a suit for partition and also an application in the same suit to permit you to reside in a room of the property till the disposal of the main suit. 

Alternately,  if you can face them physically as well as other legal issues they may create,  you can break open the lock and occupy a room as you too have a right to reside in that house property. 

 

T Kalaiselvan
Advocate, Vellore
90231 Answers
2508 Consultations

You can file an injunction application seeking to restrain them from letting out the property on lease agreement because they are not the absolute owners of the entire property,  hence without your consent,  they cannot let out the property on rent or lease. 

T Kalaiselvan
Advocate, Vellore
90231 Answers
2508 Consultations

Without your consent it is illegal. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

You may challenge the lease agreement before the competent authority appointed for hearing of grievances under the law.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

After the intestate death of your father your father's estate devolved upon your mother, your 5 sisters and you by automatic succession, with each being entitled to an undivided 1/7th share. As your mother subsequently bequeathed (assumed it was done through a relinquishment deed) her 1/7th share in your favour, you became entitled to it too legally. As such, any instrument alienating the property including a lease agreement must necessarily be executed by all the six of you to be valid legally.

Swaminathan Neelakantan
Advocate, Coimbatore
3082 Answers
20 Consultations

Break the lock and enter in the house.

Lease is not valid for full house.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Using the Will which your mother executed in your favor, you can lodge police complaint seeking their intervention to break open the premises.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

No, it is not valid.  It has to be signed by all the owners i.e., you alongwith all your sisters since all of you are co-owners of the premises.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

- As per law, after the death of father , his self acquired property would be devolved upon his legal heirs i.e his wife , children - Sons & daughters.

- Further after the death of mother her share also would be devolved upon her legal heirs i.e. son & daughter.

- Further , after getting the respective share in the property it become self acquired property , and hence by this way your mother was having her right to transfer her share to you . 

- Since, your mother had transfer her share in your name , then your sisters having no right over the same legally.

- You should send a legal notice to handover the property to you , and if refused then file a suit for Mandatory Injunction & Permanent injunction against them for getting possession of the property , and to restrain them from selling/renting the said property . 

- Further , you can send a legal notice to the said tenant for informing that you are the legal owner of the property , and thereby ask to pay the rent to you , otherwise direst him to vacate the property. 

Mohammed Shahzad
Advocate, Delhi
15871 Answers
243 Consultations

That lease agreement is invalid 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

you can file a suit before the appropriate court and can claim your right in the property.

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

It is your house too. Don't care about the keys. You can enter at your will.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

All the shareholders have to be in consensus in order to do anything with the property. The kease deed is illegal. Send a notice to the person who is the tenant.


All the shareholders have to be in consensus in order to do anything with the property. The kease deed is illegal. Send a notice to the person who is the tenant.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can dile for partition suit for claiming it. 

Prashant Nayak
Advocate, Mumbai
34704 Answers
249 Consultations

1. You can break the lock and enter the house as legal action will take time.

2. If you dont want to break the lock then you should file suit for permanent injunction against your sisters and claim interim relief of your access to the property.

3. No your sisters cannot execute lease agreement of joint property without your permission.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

No it's not valid.

Swarupananda Neogi
Advocate, Kolkata
2995 Answers
6 Consultations

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