• Enforcing release of 1/6 share in jointly acquired property

Dear Sir / Madam:

I am Mohammed Arshad aged 66 years as of today. My father passed away in year 1970 and my mother in year 1993. I have one brother and four sisters. All are married and independent since 1982.
After the passing away of my father in 1970 at the age 46 years. Being the eldest member I had to bear the burden of taking care of my four sisters, brother as well as mother.
During the year 1978, I purchased a property in joint names of myself and my brother and 4 sisters.
I am in sole occupation of the said property ever since purchase and my sisters and brother were also staying until their respective marriages and settlement in the same property still occupied by me.
During the year 1981 I obtained release deed from my brother and two younger sisters through registered document on payment of Rs 2 lacs each (total Rs 6 lacs). Out of the remaining 2 sisters both of whom were abroad I further managed to obtain release of another sister during the year 1982 also on payment of Rs 2 lacs with registered document in my favor.
Now including my 1/6 share I am the owner of 5/6 share of the landed property which is a bungalow in TNagar Chennai.
The remaining 1/6 share is with my younger (next to me) sister. During my mother's lifetime same sister had agreed to release her 1/6 share after returning to India.
But thereafter she has refused to release her 1/6 share as per oral agreement with mother during her lifetime and in consonance with releases made by remaining 4/6 shareholders.
Now she is demanding market rate for the property.
She has not invested a single rupee while purchasing the property in joint name.
The entire property was purchase out of my hard earnings from 1970 to 1978.
Is there any way I can legally enforce her to release the remaining 1/6 share (sister's) on payment of Rs 2 lacs as was done for other shareholders.
After my mother's demise the same sister has issued me a letter she will release her share without mentioning amount.
May be she is advised by her husband to try and secure higher amount at current market rates of property.
I am senior citizen with children to settle the same property during my lifetime.
Sister is Malaysian resident (citizen) and husband and their children all hold Malaysian citizenship.
I am needing to find a way out to acquire her 1/6 share through payment of reasonable amount and not exorbitant market rate.
Please suggest any solution for my predicament.

Arshad
Asked 5 months ago in Property Law from Chennai, Tamil Nadu
Religion: Muslim
1) you can file declaratory that you are absolute owner of the property as full consideration was paid by you 

2) enclose proof of full payment made by you 

3) also enclose letter received from sister that she would relinquish her share in property

4) better option would be to request your siblings to mediate and help in arriving at an out of court settlement 
Ajay Sethi
Advocate, Mumbai
23235 Answers
1219 Consultations
5.0 on 5.0
Is there any way I can legally enforce her to release the remaining 1/6 share (sister's) on payment of Rs 2 lacs as was done for other shareholders

No legal option can be exercised on this.  It can be solve by negotiating the amount to be paid to her as compensation.  This can be achieved in amicable talks only.






I am needing to find a way out to acquire her 1/6 share through payment of reasonable amount and not exorbitant market rate.
Please suggest any solution for my predicament.

The only option is to pacify her and make her to agree to the amount proposed by with plus or minus.  
Legally she is the joint owner in the property and can create problem.  However if she is not agreeing to the proposed amount, you may file a partition suit agaisnt her, let she keep coming to India for litigation frequently  and after getting fed-up with frequent court hearings and proceedings, she may opt for the offer made by you.
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
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One becomes the owner or joint owner, as the case may be, due to the registration of sale deed absolutely or jointly in his favour, not by virtue of remittance of sale consideration by him. Since your sister has a 1/6th share in the property she has the right to demand market value in lieu of releasing her share.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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