Your mother and her sister can sell their undivided share in the house .the purchaser can then file suit for partition
2) in the alternative file suit for partition for division of house by metes and bounds
Advice needed for property dispute
Background: My mother has 3 sisters. My grandfather owned a house and wrote a will to divide the house 50-50 for 2 sisters and house slab to the eldest sister so that she can build further if required. He passed away 20 years back. Current situation: One of the sister is close to her deathbed and reached out to my mother to sell the house as it is old and not usable and divide the sell proceeds equally within the 3 sisters. My mother agreed but the other sister is not ready to sell the house. When my mother raised the point to see the house she made statements like - 'Both of you do not have any legal rights to sell the house'. She seems to be inclined towards giving the entire property to her eldest son. Question: We have tried our best to build consensus between the sisters but the eldest sister is not ready to listen and her intentions seems to be towards claiming the whole house for her son. It does seem like the issue will be resolved with talks. We are inclined towards selling the house as it is very old and is not a condition to live. And since it's in a different city we don't have any plans to use it. We want to sell the house(which practically seems to be the best option as no one is living there now) and divide the income equally between the 3 sisters. In this scenario, what is the best path forward? The eldest sister and her family are not ready to negotiate or engage in any reasonable talks? Our concern is that if one of the sister passes away the matter will become even more complicated. What can we do in this scenario and what are our options?
Asked 1 year ago in Property Law
Religion: Hindu
12 Answers
Correction - My mother has 2 sisters. They are 3 sisters in total.
Asked 1 year ago
In which city house is situated ?
Additional details - House is located in Nagpur City, Maharashtra
Asked 1 year ago
Best option is for mother and sister sell their undivided share in the house
Act as mentioned herein above
Dear Client,
To resolve the dispute over selling the inherited house, your mother and the willing sister can file a partition suit in the civil court to legally enforce the division of the property according to the will. This action can compel the sale of the house and equitable distribution of the proceeds if physical division is impractical. Consulting a property lawyer in Maharashtra for specific legal advice and considering mediation as a less adversarial approach could also be beneficial.
Given the urgency due to the critical health of one sister, it is essential to secure her legal representation to document her wishes regarding her share. Additionally, seeking a temporary court order to prevent unilateral decisions by the eldest sister can safeguard all parties' interests while pursuing a more permanent legal solution.
If the property was given to two sisters only then the third one do not have any rights in the proeprty. If your mother is not having any rights in the property then she cannot claim any benefit out of this property.
However if the other sister who is entitled to 50% share in it by the virtue of Will, can file a suit for partition and separate possession of her share in it.
You can consult an experienced lawyer in the local and take considered decision because it involves a Will, and if necessary the Will can be probated for this purpose.
Even your mother two sisters, the property was bequeathed in favor of two sisters only and it appears that your mother has been excluded from the Will benefits.
Clarify the details.
The law is same whether at Nagpur or elsewhere in the country.
- Your mother and said her sister can sell her undivided share without taking consent of others.
- Further, if one of the sister creating problem in selling the property , then she can file a Partition suit before the Court
- As per law, the 3 sisters having their 1/3rd share in the property left by your grandfather , and during their life time none having any right to claim over the same.
- Since, the house is located in Nagpur , then the Partition suit will be filed there .
1. Let your mother send a legal notice to her sister for partition of the property amongst the three sisters by metes and bounds.
2. If there's no positive response from your mother's sister, then let your mother file a suit in the jurisdictional Court for declaration, partition and separate possession of the property by metes and bounds.
If it’s a self acquired property of grandfather then he can decide exclusively. Otherwise all legal heirs will have equal rights
Dear Sir/Madam
You have to take quick action as your fear is right. Since all 3 sisters are old, if one of the sister passes away, the matter will become more complicated as their heirs/children will fight for their legal rights.
It is better you get issued a strong legal notice first detailing your case and proposal of 50:50 sharing. This document will act as strong evidence in the court in your favor as you offered a practical and fair solution.
Every legal notice issued through lawyer has a statutory period of 15 days timeline to reply . If no favorable reply is given, then you may initiate partition suit as you have a will from your grand mother . Legal notice can be issued through any lawyer which is feasible to your location as you need to sign it and process it.
Usually 90% cases get resolved through legal notices as legal notice is a legal warning issued through a lawyer to settle dispute out of court, failing which, case can be registered in court. Opposite side can act wisely by settling it after receiving legal notice if they want to avoid court battles.
Since property is located in Nagpur, Maharashtra, You have to file a partition suit in Nagpur civil court.
I would request you to contact me personally on phone or at my office for detailed consultation if any required..
If you found my answer help , Please provide your valuable ratings.
Thank you. Warm regards
- Adv Harshita Shah
