Share in property
Bhavesh
(Querist) 06 August 2015
This query is : Resolved
Hi,
My husband has 3 sisters and no brother. As per my father in law's will the flat which was brought from his income has been bequeathed to all(1 son and 3 daughters) equally. Father in law passed away 2 years ago. The 3 sisters are married off. We are staying in this house since my marriage of 20 years. Now the sisters are asking us for share in property and we do not want to give or vacate/sale this flat - as we do not have another house. Though my husband (50 years) earns well has relocated and avoid to face his sisters. So please advise on:
1. Can we continue staying in this house without giving their share?
2. Can the 3 sisters demand rent from us?
3. Can they sale the property without my husband's consent?
4. If they file a case in court, how much approximate time can we buy?
5. Can they charge us for legal fees if judgement is in their favor?
6. What are our chances/options to safeguard us?
Chanchal Nag Chowdhury
(Expert) 06 August 2015
1)YES. Possession is different from ownership.
2)NO. The property is impartible.
3)Yes, provided they find an idiot to buy it.
4)Immediately.
5)Discretion of the court.Depends on how badly your lawyer handles the case.
6)99.9%.The full answer to this query is not possible from the skeleton information U have given.
Anirudh
(Expert) 06 August 2015
1. The sisters of your husband are normally entitled for equal share in the property. Now, even according to WILL they are entitled. THEREFORE YOU CANNOT AVOID GIVING THEIR SHARE TO THEM.
2. The sisters can demand rent from you. But that will happen only when you are not ready to give their share, but continue to occupy and enjoy their share. The question of claim for rent will arise only after they issue legal notice and if you refuse to do the needful. But, the question of payment of rent will arise only when they approach the Court, not before that.
3. They can at best sell their respective shares i.e. 25% each (totally 75%) to a buyer. But the buyer will not be able to come and reside in the house. But the said buyer can seek partition (instead of your sister-in-laws). Court will give decision in favour of such a buyer.
4. If your sister-in-laws file a case in the court, only when the final decision of the court comes, you may have to vacate or continue to occupy the same, after paying the necessary consideration towards the value of the share of the property to your sister-in-laws. In otherwords, you can become full owner of the property, after paying sale consideration to your sister-in-laws.
5. Normally, courts do not allow costs.
6. At best you can delay the process due to court case, but you have no safeguards.
Kumar Doab
(Expert) 06 August 2015
It is as simple as that you can not avoid to share with sisters.
Your husband is well off and has relocated and you want to retain the flat.
Settle the matter amicably, by paying their share and getting a registered deed e.g. sale/relinquishment/gift etc............
Consult an able lawyer and settle the matter.
Guest
(Expert) 08 August 2015
Precisely Advised by Expert Mr.Kumar Doab
