2) you can revoke POA given to sister if they are not willing to sell it to tenant
2) inform your sisters that any buyer will not pay market price for property unless you deliver vacant possession and better to sell it to tenant
Please please help me. we all siblings (4) live in Toronto and Florida. We have very tiny literally like slum area property in Trombay, Koliwada, it was more than 100 years ago so that time nothing was developed. even my father was born there in 1913. yes 1913. and from generation to generation one tenant family is living there. my sisters have just gone to Mumbai and they are already selling the property to outsider. Our tenant is very much interested in buying almost at the same price (little bit lesser), but my sister still wants to sell it to this stranger. I am totally against it since it is not easy to evict a tenant. they are also old and poor. It is ethically and morally wrong also. Also the tenants are protected in India. I gave POA to my sister, we have property card on all siblings names. Our parents are expired long time ago.. What to do now, how should I argue with my sister.
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2) you can revoke POA given to sister if they are not willing to sell it to tenant
2) inform your sisters that any buyer will not pay market price for property unless you deliver vacant possession and better to sell it to tenant
Since all 4 of you have got equal share , none of you unilaterally sell the whole property to a person of her/his choice.
Therefore, you can prevail upon your sister and if she does not agree then you can revoke your POA and refuse to sell your undivided 1/4th share in the property.
Additionally you can file a suit for partition and injunction.
Since you have already given power of attorney deed to your sister you cannot do anything about it sitting in a foreign country.
you can request and convince her or you can revoke the power of attorney deed and make her to agree for compromised settlement because the tenant is protected by tenancy rights.
- As per law, after the demise of your father intestate, his said property would be devolved upon his all legal heirs equally.
- Hence, your sister cannot sell the property without taking consent of all the legal heirs.
- However, if you have given her POA dully attested from Canada then she has right to sell the same even on your behalf.
- You can send a legal notice to her for the cancellation of the given POA and to stop doing any transaction related the properties.
Legal Right to Sell: Since the property is jointly owned, all siblings must agree on the sale. Your sister cannot sell without your consent unless her POA explicitly grants her the right to sell on your behalf.
Tenant’s Legal Protection: Under Indian rent control laws, evicting a tenant is difficult, especially for long-term occupants. Selling to them is legally and practically safer than selling to an outsider who may later face legal challenges.
Ethical & Practical Argument:
Immediate Actions:
Final Steps: If your sister insists on selling, you can refuse to sign the sale deed or take legal action to prevent the sale. The property cannot be sold without all co-owners' consent.
For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.