Share of property
Kenneth Abreu
(Querist) 14 March 2012
This query is : Resolved
My elder sister ( with no issues) and I bought a piece of land wih money paid by me which was later returned. The land was equally divided. I was then mutually decided that a dwelling unit of G+1 would be constructed on her plot of land. Construction costs and all incidental expenses to be 50:50 which was agreed to in good faith and mutual consent amongst all the family members. No written agreement. All monies were paid equally by both of us to the builder. She had registered the whole building in her name and regularly paid property-tax without our knowledge.It was by chance we came to know of her purported intention to dispossess us of our share of the ground-floor. When she was asked to give us a sale-deed; she was non-committal but proposed to write out a will in due course.Something unexpected from blood-relatives. A legal-case was filed. She did not appear as she refused to accept a registered letter intimating her of a case having been filed against her. She had an imaginary fear that we would sell the ground-floor to an unknown person. After making heavy investments in our share of the property there was no question of selling as that would be our home for all time. She now wants us to sell our share to her at a ridiculously low-price when the market value is in the vicinity of 20-25 lakhs. What legal remedies do we have. She could not build the property by herself as she was unemployed and her deceassed husband who was a school teacher was of meagre means. Whatever money she got on his demise she could ill-afford to construct a G+1 dwelling unit. Please advise.
ajay sethi
(Expert) 14 March 2012
your sister is feeling insecure . she feels that she may be disposessed of her property and since she does not have any other means to support her she wants to cling on to the property .
since the property is in name of your sister she is legal owner of said property . agreement is in her name she has been paying property taxes .
she cna by will bequeath property to you as she does not have any issues .
reach an amicable settlement
Deepak Nair
(Expert) 14 March 2012
Act as advised above.
Raj Kumar Makkad
(Expert) 14 March 2012
It shall be better to again win the confidence of your sister out of court and amicably settle the issues. There is no much benefit in legal battle as the property stands in her name and legally you have very very limited options to claim therein.
The blood relations should not be weighted against coins.
Kirti Kar Tripathi
(Expert) 14 March 2012
Act as per advise. Since legally your case is not sound, it is better to get amicably settled.
ESTHERPRIYA
(Expert) 15 March 2012
You have no other way then to get a registered deed from her. Issue legal notice and file a civil case against her in between try to negotiate and settle the matter amicably if possible.
