• Right to property

I am indian hindu, my father built a house with his money in my mother's name, both my parents have passed away without any will, i have one sister living in the 1st floor of this 2 storied house, she also runs a dance school in the roof, she was married thrice, now divorced recently, has two adult sons of his 1st husband who is alive, younger son is employed, unmarried and earns good, stays out side, elder son is drug addicted, was arrested with murder charges and released without charges by honorable court, stays outside but visits this house frequently, 
i stay with my nonearning wife, i am still in private service and my only daughter is married staying outside,
my sister is in effort to sell this hose, i shall not sell,
i want to know about her residential right and also her sons' ,
it is a problem with the elder drug addicted almost 31years son of my sister,
regards,
Asked 10 months ago in Property Law from midnapore, West Bengal
Religion: Hindu
1) on father demise you and your sisters are only legal heirs 

2) your sister is co owner of the house and is at liberty to sell  her share in the house 

3) she can file suit for partition for division of the house 

4) her drug addict son can stay in the house  with his mothers permission 
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
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1) you can request your sister not to permit him to enter the house 

2) in alternative divide house by metes and bounds by executing deed of partition 

3) you can restrain  your nephew from entering your portion of the house 
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0
On the death of your parents both you and your sister has equal share in the house.
In other words she is half share holder and you the other half.
Since it is undivided property you can file suit for partition to seek division of the same and injunction on selling to the strangers.
As long as your sister is alive her sons has no title in it but they can stay and reside in it as long their mother permits.
Devajyoti Barman
Advocate, Kolkata
5181 Answers
54 Consultations
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Hi, as per law both of you has equal right in the property and more over your sister is staying in the first floor, therefore her son has every right to stay in that house.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
You and your sister being the legal heirs of your mother have succeeded to her property. During the lifetime of both of you your children or spouses do not have any share in the property. To prevent your sister from selling the property you can file a lawsuit for injunction against her in the court. The house cannot be sold unless it is partitioned. 
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
5.0 on 5.0
Her drug addict son can reside in the property with her permission, you cannot evict him.
Ashish Davessar
Advocate, Jaipur
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447 Consultations
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1) you can ask your sister to pay equal share of the electricity bills , 

2) you can apply for separate electricity meters 

3) divide the house by deed of family settlement or partition . It should be duly stamped and regd 

4) you cannot otherwise restrain your nephew from entering the house as your sister is co owner of the house

Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0
my sister is in effort to sell this hose, i shall not sell,
i want to know about her residential right and also her sons' ,
it is a problem with the elder drug addicted almost 31years son of my sister,
This is your parents self acquired property, i.e., funded by your father and registered on your mother's name.  Now both are no more and your mother who is the actual owner as per law died intestate.  
Therefore the property now devolves equally between you and your sister.
 Each are having 50% share in the property. If there is a partition between duly registered, she can very well sell her share in the property, if not, you may enter into a proper partition  with her, get it registered and may retain your portion even if she is not ready to sell her share to you and is bent on selling it to a third party. 
 For the disturbances of her drug addict son, you may arn him to not to disturb you or may lodge a criminal complaint against him with the police. 
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
5.0 on 5.0
want to know whether my sister's elder drug addicted son has any right to stay inside this house even if her mother approves, i dont want him staying inside this house for security and other reasons,
A son can very well reside in his parents house.  It is not question of drug addict or an antisocial element. If he is a nuisance to public or neighbor, there are remedies to it through police station and court for initiating proper action for his behavior and attitude and conduct with the neighbors. He can be punished for his indulgence in the nuisance activities.  He cannot be forbidden from residing in his mother's house which is his own house for residential purposes.
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
5.0 on 5.0

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