• Sister occupying property co-owned by my mother & me

Hi. My mother & I co-owned a house in Navi Mumbai for which i we named my sister as the nominee. My mother passed away in 2012. Soon after her death my sister moved into that house without really asking me. She has her own house in Thana & I live in Bangalore in a rented apartment. I now wish to sell the house to buy an apartment here in Bangalore after giving her her fair share of the money. However she is refusing to move out of the property. What should I do?
Asked 2 years ago in Property Law from Bangalore, Karnataka
Did your mother died intestate(without writing a WILL)? Are there other siblings to you apart from this sister? Is your father alive? On your mother's death, you will get equal share in your mother's share of the property in addition to your own share and the sister who is staying in Navi Mumbai will get equal share in your mother's share of the property. In other words, you are entitled to 75% share of the sale proceeds and your sister who is staying in Navi Mumbai is entitled to 25% share. Convince your sister that  you want to sell the Navi Mumbai property and would like to buy an apartment in Bangalore, since you stay in Bangalore and you would be paying her 25% of the sale proceeds and let her agree for vacating the property. If she refuses to vacate the house ,inspite of paying her share, tell her that you would take legal action to evict her from the premises
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
1) your query is sadly lacking in details . 

2)you have not mentioned whether your mother left a will or not 

3) is your father alive ? any other legal heirs ? 

4) offer to buy her 25%share in flat 

5) if she refuses file suit for partition
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
the property will be shared by both of you so,give notice and file for partition
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Since the propery was owned by you, alongwith your mother, on your mother's death, since your father is also no more and your mother has also not left any WILL and you do not have any other sibling, apart from this sister, your mother's share in the property would devolve equally to you and  to your sister and in addition you get your share as a co-owner with your mother i.e., you get 75% share and your sister gets 25% in the Navi Mumbai property. Either file for partition or else give her 25% share in the property and try to convince her to agree for selling the property in Navi Mumbai so that you can invest the same money in buying a flat in Bangalore.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
since your mother died intestate ie without a will and you and your sister are the only legal heirs file suit for partition after issue of legal notice to your sister
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1. Your sister has equal share on your mother's share of the property with you,

2. So, she has the right on 25% share of the whole property,

3. You can file a partition suit claiming 75% of the property, or

4. Settle with her by paying her compensation so that she executes and registers Gift Deed or settlement deed of her share in your favour.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
Since your mother died without making a will of the property of which she was the joint owner you and your sister have succeeded to her share in equal proportion. Her share in your mother's property is equal to your share. She has an overall 25% share in the property.

If you wish to sell the property then your sister has to relinquish her share in your favour by making a relinquishment deed in your favour. If she refuses to do that upon being offered the sum of money which you deem appropriate, or you do not intend to compensate her then you may move to court and file a case for partition to cull out your share in the property. After partition is carried out you may sell the same.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

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