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CHANDRASEKARAN S (deputy manager)     13 March 2013

My sister staying in my own house and included my house

Dear Sir,

I am having a house at Thottiyam. My sister is satying there as an unpaid tenant since 2006. Now I want to sell this property. My sister is not cooperating by vacating the house. There is no written agreement in this regard. Now I have sold the property to the third party. Knowing this, she has filed a partition suit in Trichy Dist Court including my own property as if it belongs to my father for partition . I have constructed the subject property by availing of housing loan from my employer and the construction was supervised by my father, who is not alive. Now I need to vacate my house occupied by my sister and to claim rent from her since 2006. Just because it is included in the partition suit as one of the properties, the suit was filed in Trichy. The other property belonging to my deceased father is in Chennai. My sister has filed for the request of injunction and for the partition. please advise me how to proceed. I wish to sell my own property at Thottiyam as soon as possible. If the injunction request is dismissed, can i sell my property to third party with whom i have agreed to sell. Please advise me. 

S. Chandrasekaran



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 4 Replies

Ranee....... (NA)     13 March 2013

was the land ancestral? if so she inherits half of it.

CHANDRASEKARAN S (deputy manager)     13 March 2013

This is not ancestral.

CHANDRASEKARAN S (deputy manager)     13 March 2013

I have 4 sisters and a brother all are younger to me..  The land itself was purchased from my brother in law and his father.. I have a clear title.. Please advise me the legal plan to evict my sister from my house.

Adv Archana Deshmukh (Practicing Advocate)     13 March 2013

You cannot claim rent from your sister unless there is an express agreement in this regard, but you can claim possession. As far as the suit for partition is concerned then, if she has prayed for interim injunction to restrain you from alienating the property then, you file evidence of your ownership i.e documents of title in respect of the said property and that its your self acquired property. If you can show the same, then the court shall shall not grant injunction in respect of that property.


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