• To sell the property

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.
Asked 10 months ago in Property Law
Religion: Hindu

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7 Answers

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 

Ajay Sethi
Advocate, Mumbai
99855 Answers
8148 Consultations

  1. Dispute is beyond argument, hence you are here.
  2. First cancel POA/GPA. Once any transaction takes place through GPA, it is irreversible.
  3. Though there is no preferential right in tenant to purchased tenanted property, as one of the co-owner of property is willing to sell the  property to tenant, other co-owners can be forced to sell the  property to tenant as held by Bombay High Court in 2021.
  4. You can refuse to sell the property to others and hold up the  sale indefinitely forcing other legal heirs to come to your terms.

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

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. 

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

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. 

T Kalaiselvan
Advocate, Vellore
90057 Answers
2499 Consultations

You can sell the tenanted property can only if execute deed of assignment in favour of the buyer.

Prashant Nayak
Advocate, Mumbai
34569 Answers
249 Consultations

- 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. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

  1. 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.

  2. 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.

  3. Ethical & Practical Argument:

    • Eviction of a protected tenant is a long and costly process, which may discourage any outsider from completing the purchase.
    • The tenant is offering nearly the same price, making the sale smoother and legally sound.
    • A new buyer may try to evict the tenant, leading to disputes and legal trouble.

  4. Immediate Actions:


    • Revoke the POA if it allows your sister to sell without your consent.

    • Legally object to the sale by sending a written notice stating your disagreement.

    • Engage a lawyer to ensure your rights as a co-owner are protected.

    • Negotiate with your siblings and stress that selling to the tenant is the best option to avoid future disputes.

  5. 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.

Shubham Goyal
Advocate, Delhi
2118 Answers
16 Consultations

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