LCI Learning
Master the Basics of Legal Drafting in All Courts. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

L P   06 October 2015

Property dispute between brother & sister

Dear Readers,

I have a query regarding property law. My father purchased a house in Ahmedabad in early 80s by procurring a housing loan through his bank. That time before his marriage every one use to live together (including parents and two unmarried sisters and 3 brothers) totally 6 siblings and parents. Post marriage my parents including me continued to live together till sisters started harrasing my mother in 1992 eventually my father took transfer to mumbai where we were staying in bank's accomodation. However my father retired in 2011 (then we started living in rented appartment in mumbai). 

In time other 3 brothers moved (two went to South Africa and one moved to his own house) and two sisters were staying alone.

Now since we in financial trouble we want to sell this house. First all the documents including property  papers , electricity bills, name in housing society, property cards are in my fathers name. But fathers sisters are not allowing us to sell the house either vacating the property. This property is neither anscestral property nor any funding is done by my grandfather.

On top of this father's elder sister has given us court notice stating that this house belongs to them.

what is the way out of this mess as nothing belongs to my aunties except we allowed them to stay in our house for humanity's stake.

Please advise.

Thanking

LP

 



 1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 October 2015

All the children born to him are entitled for a share as per the Indian Succession Act as amended in the year 2005.Sons and daughters have several rights as a coparcener. For instance, they get a right in ancestral property by birth; right to survivorship:  They are in joint possession and ownership of property and if they want partition, they can claim so by filing a partition suit.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading