doublea123 (Engineer) 05 January 2010

Property dispute among sisters

Hi,

We are a Hindu family residing in Bangalore.

My grandparents had 7 children-3 sisters and 4 brothers. I am the son of one of the sisters.

After my granddad's death 2 houses that he owned were transferred to the name of my grandmother.

One house was on a 80x100 plot in a posh area in Bangalore south and the other was a 20x30 plot in another area.

A few years ago my grandmother divided the properties and gave the house with 80x100 plot to the brothers and the 20x30 plot with house to the sisters without any objection from anyone.

The brothers demolished the house and built a new building with 5 houses and are residing there with my grandmom.

Now the issue is with the sisters property.

When the property was given to the 3 sisters the deed or agreement was made like all the 3 sisters will have equal right on the plot and when they construct the house the eldest sister gets to stay on the top,3rd floor, 2nd sister (my mother) in the middle and the youngest sister on the ground floor!!

The youngest sister wants to go ahead and construct a house there now by demolishing the existing house. However my mother and aunt(eldest sister) do not want to get into the complications of constructing the house and want to sell it off and divide the money equally. The offer was made to the second sister also but she says she wont pay the market value but would pay less and go ahead and construct a house as the ground floor is her part according to the agreement.

My question is, is this logic of dividing the floors among sisters and the youngest one going ahead and constructing a house on the ground without the consent of the other two sisters who are owners equally legal?

As per the second sister, she doesn't want to sell the property and she says she will construct on the ground floor which rightfully belongs to her and the other 2 sisters can construct 1st and 2nd floors whenever they wish to.

Isn't the consent of all 3 sisters needed to demolish the existing house and start construction of the new house? Is the last sister right in her actions?

Please advise.

Thanks and Regards

Reply Follow

6 Replies

Y V Vishweshwar Rao (Advocate ) 05 January 2010

There must be consent from all the Share holders to demolish the old House and to construct a New Hosue all the Three sisters must join and submit application for construction according to their respective share , the Buildign Plans , designes and all other particulars should be in a situation that/with all provisions - all three sisters will have common ways , approaches, ducts, common utilities , and equal undivided share of each 1/3 rd share in the land / plot - with out joining all the three share holders the same is not possible . You can take object the same - not to demolish the old house with out other share holders consent for cosntructiona and desgins and common ways , approaches etc with undivided share in the land .

(Guest)

Very well replied sir, I agree with You.

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 05 January 2010

Nothing to add in the wise advice of rao.

doublea123 (Engineer) 06 January 2010

Dear Mr.Rao and Others,

Thank you for your advise.

>>There must be consent from all the Share holders to demolish the old House and to construct a New Hosue all the Three sisters must join and submit application for construction according to their respective share

Whom should the sisters submit application to in case all 3 decide to go ahead with construction?

Also, if 2 sisters are against construction and want to dispose off the property and the 3rd sister wants to purchase it from them, what are the procedures to be done?

Thanks and Regards

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613) 08 January 2010

//Whom should the sisters submit application to in case all 3 decide to go ahead with construction?//

To the local authority or the board, which has the power to sanction building plans.

//if 2 sisters are against construction and want to dispose off the property and the 3rd sister wants to purchase it from them, what are the procedures to be done?//

As the sisters are co-sharers, execution of Release deed of respective share to and in favour another co-sharer is sufficient.