• Sister wants her share of property

Hi,

We have a residential flat in a co-operative society in Mumbai.

This was in the name of my father and on his demise (there is no will) the flat was transfered to the nominees i.e. myself (son) and my mother.

I have 2 married sisters and one of them wants her share of the property, she is separated from her husband and staying with us and does not contribute to the household expenses at all.

My mother is a stroke patient and now diagnosed with unsound mind and cannot sign.

How do we sell the property and give the share to my sister? Any other way out?. Do not have the money to buy out her share.
Asked 10 months ago in Property Law from Greater Mumbai, Maharashtra
Religion: Hindu
1) on your father demise you have one fourth share in flat 

2) please note that nominee is only trustee for legal heirs

3) inform your sister that as on date you are unable to sell the flat and pay your sister her share 

4) your sister can move court and file suit for partition if she so desires 

5) it would take years for suit to be disposed of 
Ajay Sethi
Advocate, Mumbai
23142 Answers
1215 Consultations
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A nominee is no more than a trustee of all legal heirs who holds the property in trust for all them. On the intestate demise of your father his widow and children succeeded to his property equally, so your sisters can claim their share in the property. Seek an amicable solution by executing a partition deed.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
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1. On the death of your father both the sisters , your mother and yourself inherit the property of your father in equal share.
2.So any of them can rightfully claim their due 1/4th share unless they relinquish their respective share by way of deed of release or gift.
3.Now you can either pay the money of their share or sell the property and divide among yourself the the sale proceeds.
4. There is no other way out.
Devajyoti Barman
Advocate, Kolkata
5169 Answers
54 Consultations
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Hi, persons of unsound mind cannot enter in to contract. You and your sisters need to go to court and seek court orders to sell the property in your mother's name.
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Hi,
You have not mentioned when & how the property was transferred in absence of will after the demise of your father. Kindly provide full details based on which we can provide you the accurate legal advice as as per the law nominees are only caretakers and not the owners and caretakers don't have right to sell the property.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
1) you need letters of administration from court if father died intestate 

2) succession certificate is only for movable property 

3) just because one member is meeting household expenses he does not get extra share 

4) court fees would be Rs 75000 for obtaining letters of administration . legal fees vary 

5) for person who is of unsound mind you would court orders appointing family member as guardian 
Ajay Sethi
Advocate, Mumbai
23142 Answers
1215 Consultations
5.0 on 5.0
The property can be partitioned on the basis of a court decree after a deed of partition is drawn up. The permission of court is required to sell the share of the heir who is of unsound mind. Get the partition deed drafted from a lawyer and then file the lawsuit. The share of every heir remains equal even if only one of them takes the financial responsibility of the other heirs who sit idle at home.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0

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