Sale of property
devender pal
(Querist) 18 February 2015
This query is : Resolved
Dear Sir, We are two brothers and one sister. We sold the property owned by our father. The buyer paid entire money in cash. Half of the money was deposited in my account (in cash) and half in my brothers account (in cash). Our sister was not given any share in the money. Also we do not have any proof that the money deposited came from selling the ancestral property. From my share of the money I bought a flat and included my sister's name as one of the buyers. I paid all the money from my account through cheque. The sale deed was registered in the names of both me and my sister.
Now due to some financial problems I want to sell the flat but my sister is not giving her consent. Given that all the money was paid from my account through cheque (which is proof enough that it was my money that was used in buying the flat) can I sell the entire flat without her consent. Or can I sell only my share of the flat. Please advise.
Anirudh
(Expert) 19 February 2015
Please note, your sister is entitled for 1/3rd share in your father's property.
If she approaches the Court, both you and your brother will be in trouble.
You will not be able to sell the property without your sister's consent. Further more, you cannot sell your 50% without even knowing which portion belongs to you in the property.
Rajendra K Goyal
(Expert) 19 February 2015
Your sister has equal share in the ancestral property sold, She can claim her share.
She is joint owner of the flat, you can not sell it without her consent.
devender pal
(Querist) 19 February 2015
Sir, In the above query, the ancestral property was registered in the name of my father and it was actually sold by my father two months before his death. He was paralysed and could not walk. But the money was deposited by the buyer in cash , in the accounts of me and my brother as my sister is married and she lives away with her family.
We can say that my father did not give her a share in his property. Can she still claim one-third share in the money and stall the process of selling our jointly owned flat.
ajay sethi
(Expert) 19 February 2015
since flat is in joint names you would need her consent for sale of flat .
Rajendra K Goyal
(Expert) 19 February 2015
If the property was sold by father her claim may not succeed.
The flat is in joint names you would need her consent for sale of flat .
T. Kalaiselvan, Advocate
(Expert) 20 February 2015
Your sister has a right of share of 50% in the property jointly owned by you and your sister though you might have funded the entire purchase expense.
Advocate Bhartesh goyal
(Expert) 19 February 2015
