Can sale of share of property at delhi be registered at kolkata?

K.K.Ganguly (Querist) 11 February 2012 This query is : Resolved
Would the Ld.Experts kindly give their opinion on the following?

My brother in law stays with his family at N.Delhi in his house built by his father. They were three brothers and one sister. Two of his elder brothers died intestate who had no children but their wives are surviving. One sister in law is in England and will never return to India. Other sister in law is staying in Kolkata. Sister lives in N.Delhi.

One Promoter wants to buy the house to construct flats and is torturing my brother in law for buying his share of the house. The promoter has gone to Kolkata and offered Rs.1 Crore to his living sister in law who agreed to sell her share of the house on condition that she will not travel to N.Delhi for ill health & the registration will be done at Kolkat Registration Office. The promoter has managed the sister also who has sold her share and also claiming the share of his 2nd brother who is dead & whose wife stays in England.

My question is.

1) Can the lady at Kolkata sell her share (i.e. her deceased husband’s share) and register the sale at Kolkata?
2) Is it not mandatory for her to first offer the share to my brother in law who is staying at the house at N.Delhi?
3) Can the sister claim share of the property of her deceased brother when the youngest brother (i.e. my brother in law) and his only son is alive and residing at the same house?
Thanks in advance.

Follow Query

Report Abuse

ajay sethi (Expert) 11 February 2012
father has died intesate . there were 4 legal heirs . on deeth of their husband wives inherit husband share in property .

it is not necessary for them e to offer right of purchase to surviving brother in law . if they have recived a good offer they can sell their share .

sister has equal rights on property as legal heir to her father property . merely because one borther is staying in said house will not disenttile her .

R.Ramachandran (Expert) 11 February 2012
Dear Mr. Ganguly,

If I am not mistaken, this property is situated in Chittaranjan Park in New Delhi. In fact, probably your sister or some one on her behalf posed this query a few months back. I responded. But thereafter there was no follow up from her end.

Before answering your query further, you have to indicate the following:

1. When did your sister's father-in-law die?

2. When did your sister's mother-in-law die?

3. When did your sister's each of the brother-in-law's die.

Once I get these details, I will try to provide a comprehensive answer to your above queries.

ajay sethi (Expert) 11 February 2012
the sister in law can sell her share . but since property is istuated in delhi registration will have to be done in delhi .

Deepak Nair (Expert) 11 February 2012
1. The lady in Kolkata can sell her share as she inherited the share of her husband.

2. Since the property is in Delhim the registration shall be done in Delhi and not in Kolkata.

3. The sister cannot claim share of the deceased brother as the said deceased brother's wife is still alive and she is the rightful owner of that share.

Rajeev Kumar (Expert) 11 February 2012
I agree with ramchandaran sir

Sankaranarayanan (Expert) 11 February 2012
Where the property situated their only can the registration to be made . She have entitiled to sell her husband share and ur sister concern she have right only on her share not more