Raman mahadev (manager) 04 May 2013

Heir in possession of property

Hi I hv a bungalow property in surat ,India which is under my dad's name but he has deceased since 2005 leaving the property with my sister still living there although he allowed her to stay for a few months,she has been residing there for a number of years with her son and daughters.

I have my dad's will which has a mistake whereby 2 plots of the land shows only 1 plot which is the empty adjoining one and not where the bungalow is built on the other.My previous lawyers has made all 4 sisters and husbands heir apparent and joined the two plot as one in that manner.

Now my sister occupying the property is adament and does not want to move off so that I can be the sole owner.Our mother is still living and she is on my side.My other sis do not want any share either.

My question to you is how can I evict her from the property and sell it off to pay the debt of my deceased father?

I am afraid that she may drag me to court which takes forever to solve and I may never get to sell the property.By the way I stay overseas with my mom.

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2 Replies

Adv Archana Deshmukh (Practicing Advocate) 04 May 2013

Sister's husband is not a legal heir of your father.

You cannot evict your sister as such as she is a legal heir of your father. If you do not want to go to the court then, try to resolve the matter amicably with the help of some relatives to convince your sister to sell the property. If she is still adamant and you want your share then, you can file a suit for partition against your sister thru a POA in India so that you can get your share.

Raman mahadev (manager) 06 May 2013

Hi m/s Archana the matter is not abt the husband as he has passed on a year ago.The matter is abt my sis who refuses to vacate the property.

She does not want to communicate with anyone with regards to the property as she wants it all to herself.I cannot partition it and wait as I need to sell off the property to pay for my father's debts which is still pending.

I need true constructive problem solving for the property or else there is no use asking anyone as I know what you have told me its what I wish to prevent in the first place to go to courts as it may be very time consuming and taxing on my patience.