Nri's rights on inherited property

Nina (Querist) 01 March 2014 This query is : Resolved
I am an NRI. Both my parents are deceased. I have one sibling residing in India. The only property that we (me and my sibling) inherited was a flat in Pune. This flat was bought by my father and he passed away without a will. My father was Christian. Till recently my sibling was residing in this flat but has now moved to another city. I have the following queries concerning this inheritance -
1) Do I have a right to this property?
2) If yes, would my share be 50% or would it be lower as I have not been living in, paying property taxes or maintaining this flat?
3) Can I somehow legally ensure that my sibling does not sell off the property without my knowledge and pocket all the proceeds? I do not have access to the house papers nor do I have my father's death certificate, I do however have proof of relationship to my father. I also have proof of the fact that I lived in that flat with my father before leaving the country.
4) Do I have to be physically present in India to put a stay on the sale of the property or can someone with a Power of Attorney stand in for me?

Thanks in advance for your valuable insight and responses, it is very much appreciated.

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Devajyoti Barman (Expert) 01 March 2014
1. Yes
2.half share.
3.Yes by filing suit for partition and injunction.
4.No, you can put your signatures on all papers and send it by post. Your presence is required during your evidence, not on all stages.

Rajendra K Goyal (Expert) 01 March 2014
You have equal right in the property with other legal heirs. You can file suit for partition and prey court to restrict other LH to dispose the property till final decision. You can entrust your case to your lawyer or suit can be filed by your POA holder.

prabhakar singh (Expert) 01 March 2014
Agree with Mr. Barman

Guest (Expert) 01 March 2014
I endorse the views of Shri Devajyoti Barman.

T. Kalaiselvan, Advocate (Expert) 02 March 2014
I agree with the experts opinion that you have an equal share in the property, in case your sibling is trying to or you reliably learn that he attempting to alienate the property without your knowledge, you may issue a newspaper publication giving the status of the property and also file a partition suit in respective civil court immediately.

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