• Partitioning property after parents demise between 3 siblings

My parents are no more. I’m the only son and 2 younger sisters (all 3 of us are married). I live in the U.K. and sisters are in Tamil Nadu. I want to partition the property equally among the 3 of us (assets include the house, lands, cash). After Dad death insurance money went to my sister account. They are not in talking terms with me. They initiated the partitioning by sending a legal notice and I replied saying I am ready and they should divide cash as well equally. It’s almost a year since I replied but they haven’t responded. I want to move the process quickly. They are using the properties and I heard from common friends that they might be getting loans against properties and using that money. I want to settle this as soon as possible. 

Is there a way to put a lock on properties that nobody can use it or misuse it until the partition is done?

What options do I have to settle this as soon as possible as I live abroad ? 

Thanks
Asked 3 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

19 Answers

You cannot lock the properties because the entire property doesn't belongs to you exclusively. 

Since your sisters are entitled to their legitimate share in the properties,  you may have to file a suit for partition and inherit your legitimate share in the property. 

You can give power of attorney deed to any close relatives in India who can conduct the case on  behalf of you.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Yes you can do partition mutually through deed or if any dispute by approaching court. Yes you can take injunction to stop usage till partition

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1.  To lock the properties, publish a Public Notice in the vernacular language newspapers of the region wherein the properties are situated as well as in English newspapers, intimating the public not to buy the properties without your concurrence as you are also one of the legal heirs of the properties, alongwith with your sisters. Also mention that the prospective buyer will not get clear title to the properties without your executing the title deed.

2.  Contact the jurisdictional District/Sub Registrar , through online, and apprise him of your right over the properties and pass on your 'Objection' letter to him not to register the properties till you give green signal.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

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

 

2) seek injunction restraining sale of properties by your siblings 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can certainly restrain sisters from transferring, mortgaging, selling, creating lean, withdrawing cash from banks, claiming insurance etc. You need to file a suit for partition of all properties including bank deposits and insurance claims in the district Court. As a notice is received by you and replied you can directly file a suit now. In the suit seek injunction against transfer of properties and dealing with banks. To start with get the notice  issued  to banks asking not to allow any withdrawals as you are also a legal heir. For filing suit you need not come to India, 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.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

- As per law, after the demise of your father intestate , his property & assets would be devolved upon all his legal heirs equally i.e. you and two sister will have 1/3rd share in the assets and properties, even you are living abroad.

- If they are not ready to partition the properties , then you can send a legal notice to them 

- If no response, then file a suit for Partition and Injunction before the Court for getting your share in the properties & assets , and to restrained them for selling or doing any acts over the property without getting your consent. 

- Further , as you are living abroad , then you can give a POA to any relative or nearest person to engage a lawyer or to appear on your behalf before the Court. 

- This POA should be notarized as per the rule of your country of residence presently and attested from the consulate of India. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Client I am sorry to hear that but you may file partitions suit the against all the properties that your father left Behind. Since you are in Abroad you may appoint a General part of a attorney to represent you in India

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

in the circumstances, you need to file a suit for declaration of your title and for partitioning of the property at the district court through a competent lawyer, making all the other legal heirs as Defendants. You may execute a special PoA in favour of any close relative or friend in India for the purpose of filing the suit. You may pray for an ad interim order of injunction restraining the other legal heirs from selling, mortgaging or in any manner dealing with the property till the final disposal of the suit. Meanwhile, you cannot, however, take the law in your own hands and lock out the other legal heirs from possession and enjoyment of the property.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

1) ask sisters to give you one set of keys to house 

 

2) seek orders in partition suit to direct sisters to deposit rentals in court 

 

3) POA holder can check house 

 

4) partition suit takes 15 years or so to be disposed of 

 

5) all are co owners you cannot stop them from using the house 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. You can file an application in the same suit for your share in mesne profits i.e., the rental amounts.

2. You do not have to have the keys with you, neither  your POA agent can obtain keys on your behalf.

If you have decided to file the suit for partition then you may have to go by the court proceedings. 

3. You have not yet filed the suit but are anxious about knowing the time period for their response.

The court will take its own time to dispose the case,.

4. It is not automatic, you have to file a petition restraining them from using the property till the disposal of the suit for partition.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. Serve a legal notice to your sisters for your share of rent collected so far by them and ask them to take your permission before letting it out in future. Let your POA person visit the premises and talk to the neighbours about your inherent right over the property and request the neighbours to intimate your right to them, to prevent further letting out the property.

2.  Your POA person may be authorised to collect keys of the house, for which you have to give prior intimation to your sisters to handover the keys to your POA person.

3.  If your sisters do not respond to your legal notice for partition and mesne profits derived out of letting out of the property, you can file in the jurisdictional Court for partition, declaration and seperate possession of the property by metes and bounds. The duration of the case can't be quantified.

4.   Since your sisters' also have equal right over the property as that of you, they can't be stopped from using the house until the partition is done.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

1. You can seek injunction in the same as well as claim share in the rental income

2. Court will pass orders under interim relief application

3. Yes through injunction order of court

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. That is why you need to file an application for injunction restraining them from doing so and press for urgent hearing through your lawyer.

2. You need to get a court order allowing you access through your power agent or any other representative.

3. Please file the suit first. It may take about three years, depending on the court's workload.

4. Get an injunction order as advised.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

If the Court orders for the entire 1/3rd share in your favour, you would be getting the entire 1/3rd share and not the part they haven't misused. To the extent of misuse of your individual share, you can claim from the third parties also.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

Court would grant you full share 

 

you can claim costs but court only awards nominal costs 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

What you spend on the litigation is immaterial.

Whether the case filed by you seeking different reliefs is maintainable or not is the question of law.

The court will not come to your rescue to recover the amount you had spent towards the litigation.

If the judgment is in your favor then the court may pass an order towards the cost i.e., the court fee what you have paid. 

You have to manage the lawyer's fee because you have engaged the services of a lawyer on his/her terms. 

If there are evidences to prove that your siblings have swindled the entire insurance claim then you can file a money recovery suit against them claiming your share in the claim amount separately. 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

In the partition suit, lay your claim over all the assets to which you are legally entitled. In the petition quantify the financial assets since misappropriated by the other parties and claim your lawful share. If your case is presented in a convincing manner based on acceptable evidence, your chances are bright.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Yes it can be claimed 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear client,  all the decision needs to be carried out with the concent of all the heirs of the property.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer