Dispossession from co-ownership of my portion of joint house
Kay Abreu
(Querist) 14 July 2017
This query is : Resolved
My elder widowed sister and I built a 2-storied house on her plot with equal monetary contributions and started living there in 2012. Separate electricity meters were installed. Neither did she give me any money receipts or legal papers to prove my co-ownership of ground floor of the house, The only piece of paper she gave was a letter stating the above and requesting that we sell the ground floor to her as we relocated to Delhi in 2010 till date. We refused. She has now sold the house to an unknown buyer without our knowledge and sent us money equivalent to the cost spent by us as a co-owner. A case was filed in the Alipore Court Kolkata but she never appeared for any hearing. An amicable settlement looked impossible. The case is now in limbo, Now that the house has been sold to an outside party the case, at best, can be treated as dismissed. While the land belonged to her the actual resale price of the house has not been disclosed. We feel she may have fetched a better price for the house as the land price in a semi-urban location would not fetch much. Please help.
P. Venu
(Expert) 15 July 2017
Has the summons been duly served? If it is a civil case, it could be decided ex-parte.
Kay Abreu
(Querist) 15 July 2017
The house has been sold to a new owner without our knowledge. What legal options do we have ?
Kumar Doab
(Expert) 15 July 2017
She being title owner could sell the property.
If she sold at circle rate then that is what you can find out.
It might be very well below market rate.
Kay Abreu
(Querist) 15 July 2017
And what about my rights as a co-owner to the house which was built together on her plot of land ?
Rajendra K Goyal
(Expert) 15 July 2017
The land and hence the house constructed on it belonged to her as the land / plot was in her name.
Being owner she had right to sell it to third party.
She has send you the money spent by you.
From the facts there exist negligible merits in your favor.
Kay Abreu
(Querist) 15 July 2017
Does not the ' Principles of Natural Justice' apply. For if there were no merit in my case the Hon'ble Judge of Alipore Court would have thrown out the case in the first hearing. Did not pursue furthermore.
Kay Abreu
(Querist) 15 July 2017
Does not the ' Principles of Natural Justice' apply. For if there were no merit in my case the Hon'ble Judge of Alipore Court would have thrown out the case in the first hearing. Did not pursue furthermore.
Kumar Doab
(Expert) 15 July 2017
If you wish you can pursue.
Kay Abreu
(Querist) 15 July 2017
But please advise how ? What would be my legal stand ?
Rajendra K Goyal
(Expert) 15 August 2017
Repeated query:
http://www.lawyersclubindia.com/experts/Dispossessed-of-ownership-rights-651501.asp
Kumar Doab
(Expert) 15 August 2017
Why to repeat..................?
