Pagadi house share
Querist :
Anonymous
(Querist) 06 August 2018
This query is : Resolved
Need advice on the following : Need advice on the following : The pagadi house being situated in Mumbai is on my mom's name. Earlier I was staying at the house along with my mom and sisters. Both sisters are younger to me. Lost my dad at a very young age. Took care of mother as much as physically and financially possible until her death couple of years back. Due to constant differences between my younger sister as well as daily fights, I had to leave the house as she used to fight and then threaten to leave the house / commit suicide etc. My younger sister stayed at home along with my mom and took care of mom after I left, however, I used to visit the house every week and take my mom out etc. After mom was bed ridden, I used to support financially and visit her as much as I could. Whenever, she had to be hospitalized, we share the expenses, responsibilities etc. I married off the elder sister and bore all her marriage expenses as well as did all my duties as a brother when her first child was born. She is also non-supportive. Younger sister, I sponsored her education and made her a masters in Law based on which she is currently working in a reputed bank in a good post. A time came when younger sister could no longer bear the expenses of mom and then after sending me an email, she left the house abruptly. My mom was then taken care of by the maids whom we had employed to take care of mom. Younger sister left the house saying that she could not bear the expenses of mom and got her own house and started staying at that location. I used to visit mom and take care of the maids salaries as well as the grocery expenses, maintenance expenses, medical bills etc. Sister rarely used to visit during this period. After my mom's death, due to age related complications, younger sister again started staying in the house on some pretext or the other. Since it was not possible for me to stay at the flat due to some challenges, I let her visit the house as and when she pleased. She currently visits the flat, say 2 -3 days in a week, most probably on weekends and stay at this place while on other days she will be staying at her own flat with her husband. Recently, I tried talking to her to sell of mom’s house as I am going through some financial difficulty, I am also job less since past 3 -4 months. However, she refused to help me and also does not allow me to sell off the property saying that she needs the house for self. Tried talking to her amicably many times, however, she refuses to co-operate. She is keeping that house as a cat house, wherein she has a few cats as well as two maids who feed and try and keep the house clean. Off that is one old maid who is not even able to manage her day to day needs.
Given the above, what options do I have
1. in forcibly selling the flat and getting my share of the property?
2. I am also interested in recovering my expenses from the sale of the flat, if possible, before distributing the balance share amongst my sisters.
Please advise.
Thanks
Ramesh
Kishor Mehta
(Expert) 07 August 2018
You are only a tenant and not the owner of the flat. You and your sisters have only rights of residence. Only the landlord can transfer the tenancy rights of the flat.
