- Flat transferred by father to you in 1994, it belongs to you, no your brothers and sisters have no share in it.
- For purpose of filing/defending case/litigation you need not come to India. You can draft a GPA giving power to your relative/friend to file and defend any cases. Get attestation of Indian Consulate on GPA in U.S.
Property In India
Hello, My father transferred our flat in Mumbai to my name in 1994 . He passed away in 2005. I came to USA in 1994 and now has a dual citizenship. He transferred hos other flat to my Brother as well. I have a Share certificate of house/flat I have questions about and regularly paying society bills / maintenance since 2005. My brother and 2 sisters now claim that they have a share in this Property and want money from the sell of the house. If I had not left the India, I would be staying in that house so question of selling and sharing the profits , would not be there. Do my brother and sisters have a valid case since it was given to me by my father more than 10+ years before he passed away. I live in the USA and cannot travel to India often if this goes to court ? Please advise, Thanks Jay
Asked 3 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
11 Answers
Thank you Mr. Ravi for quick response and help with GPA . Brother and Sisters are threatening me that they will delay/hold this case in court for years, making it difficult for me to Sell without they getting their share. I have health issues and cannot travel that often so they are taking advantage / counting on it. Is this possible ? Thanks
Asked 3 years ago
Once your father has transferred flat to you by registered gift deed you are absolute owner of the flat
2) your siblings have no share in sale proceeds of flat
3) claim of your siblings is barred by limitation
Draft a GPA in favor of you friend/relative on 100 rupees bond paper giving him power to file suit on your behalf. Take that GPA to Indian Consulate/High Commissioner and get it attested by official there. The GPA has to be in specific format. Send it to the person named in India. He can do everything appointment of Advocate, filing case, defending case etc. for you.
Threat itself is proof that they do not any rights and aware of that. Otherwise they could have claim and by not got it by now. It is mind game they are playing traying cash in on your absence. Once they realize that you are capable of giving them a fight from abroad, they have to think over it.
Thanks Ravi, Can they stop the Sell of the Property ?. How long it can drag in the Court if it happens.
Asked 3 years ago
You need not come to India even to sell immovable property. Any immovable property can be sold, purchased or gifted by person residing abroad through Special Power Attorney. Start with commencing process for sale of property by drafting SPA and giving it to you friend/relative and see how they react.
You need not come to India even to sell immovable property. Any immovable property can be sold, purchased or gifted by person residing abroad through Special Power Attorney. Start with commencing process for sale of property by drafting SPA and giving it to you friend/relative and see how they react.
You need not come to India even to sell immovable property. Any immovable property can be sold, purchased or gifted by person residing abroad through Special Power Attorney. Start with commencing process for sale of property by drafting SPA and giving it to you friend/relative and see how they react.
You need not come to India even to sell immovable property. Any immovable property can be sold, purchased or gifted by person residing abroad through Special Power Attorney. Start with commencing process for sale of property by drafting SPA and giving it to you friend/relative and see how they react.
Technically they can. Doors of Court are open for all. If make them realize that you are going up to stand up to them. Things will be difficult for them.
They can file suit seeking injunction restraining sale of property
it is doubtful court would grant any stay as claim is barred by limitation
Suit may take 10 years up be disposed of
They can pray for injunction but court will only allow if the case has merits otherwise it will reject there prayer of not selling
- If this was self acquired property of your father , then he was having his right to transfer the same to anyone , and none having right to claim over the same.
- Further, the said transfer in your name cannot be cancelled on any grounds , specially after the demise of your father .
- Further, as he has transferred some of his property to your brother as well, then his share also cannot be disturbed by any of the legal heirs.
- Further, as the share certificate has also issued in your name , then legally your brother & sister cannot claim any right over the said property legally.
- Further, after a long period of execution of transfer deed in your name , the limitation period of filing of any type of cases are expired , and no case is maintainable even Stay petition i.e Injunction suit.
- Since, you are residing outside the country , and due to the said reasons they want to disturb you to take the benefit of distance , and hence you should give that flat /house on rent to any known person for use and occupation of the property , or you should use the same occasionally .
- Legally , you have your right to sell the property without caring them , and if they will file any petition before the court , then that will not maintainable on its filing itself.
You have stated that your father had transferred the property to your name.
If it was transferred to your name by a registered deed, then you become an absolute owner of the property that has been transferred in your name.
Therefore your siblings cannot claim any share out of the property that is lying on your name.
You do not have to go court for this.
If they have any claim in it let them approach court, you can give a power of attorney deed to anyone close to you in India to conduct the case during your absence
You can refuse to give them any share to them and ask them to proceed legally if they have any claim.
You have been informed that your siblings do not have any share in the property hence they cannot stop you from selling the property,
If at all they go to court, you don't worry about it, you can challenge it properly by adopting the suggestions made earlier.
They cannot obtain sty order if the property is on your name alone.
The disposal of case by court cannot be predicted owing to several factors involved in it.