susha george (doctor) 13 October 2014

Family inheritance

My father owned a house in kochi . he passed away 7 years ago I have two sisters and one of them was staying with my father and moved out about two years after his death. she and her husband owns three cents of land in front of my fathers house and right of way to my fathers house is through their land.

My sister and her husband has closed my fathers bank account and all of his other assest and has informed us that they have sold their land and their share of my fathers house and gave the key to new owner

Is this possible in kerala without the consent of the other two sisters and does it have any implication as I am now not an indian citizen and hold an OCI card.

could you please advice what is the best way forward

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Anish Thakur 7018812737 (advocate) 13 October 2014

If you are hindu then daughters alongwith sons it mean all children have equal right and share in their parents property and if the property is self aquired property of your father then your father was free to make will of his whole property and if the property was ancessostral property then your father can only make will of his share in ancessotral property alongwith his self acquired property. And if your father has died without making any will then the whole property will divide in all his children in equal share.Yes any share holder can sell his share without the consent of other co sharer but other co sharer can seek stay and challenge that sale deed on grounds of partition that partition has not taken by metes and bounds.Every property have different market and sale value no share holder can choose best portion to himself and low portion to another co sharer.You can challenge any sale deed done by other co sharer if you are not satisfied with the share left for you.

You can contact me on my mail id anish1948@gmail.com with detailed information or feel free to call if you have left any query in mind.