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R.Indra (-)     20 March 2013

Help me...

Hello,

My father had a self acquired property in Tamilnadu. We are 7 sisters and don't have any brothers...when he was alive, he divided the property into 7 plots and 7 shops, where only 5 plots were registered to my 5 sisters, whereas the 2 plots and the 7 shops remained unregistered... he built a house on the remaining 2 plots and stayed there without registering to the last 2 sisters... My father died in 2009... After a long struggle (Dec 2009-Apr.2012), we registered a partition deed in April 2012, where the remaining 2 plots (House area) were written to the 1 sister among 2 sisters (with the consent of the remaining 1 sister) and 7 shops to all the respective sisters.

My 3rd sister was creating a problem during all these years(from my father’s death- 2009 till Partition deed Regn - Apr.2012) just becoz she wanted to exchange the house(2 shares) and wanted to give away her share of plot which is much much lower than the house value along with little money for the second share. We still agreed to that exchange since becoz she was staying in that house for more than 15 years along with my parents. Then we registered the house in the form of Partition deed in Apr.2012.

For more than 3 years till date, she is not able to arrange the money (1 share to be given to us) and simply postponing this issue. She is not allowing us to sell this property to others also. We stay in bangalore.3 of my sisters along with my mother stay in Tamilnadu where the above mentioned property is there. My mother and 2 sisters are in favour of this 3rd sister since becoz they want me to give away this property only to her and not in favour of me selling it to the third party.

My mother has moved out of the house in Nov 2012 to my 4th sister’s house. Still my 3rd sister along with her family stays there. She is neither moving out of this place nor paying me rent. I’m very stubborn in selling this property as I’m planning to buy a plot in Bangalore. I’ve been sending brokers to dispose of this property as soon as possible. My sisters are creating problem telling these brokers that this property has disputes.  

 

Recently looks like she has approached a lawyer and doing things accordingly. If she tries to go to court, I will not be able to sell this property anytime soon. And she is planning to give notice order anytime soon in the Registrar Office also so that I will not be able to register this property even without her Knowledge.

My query is:

·         I’m helpless, what is the next step I have to do to get rid of her from my property?

·         How can I sell my Property to others without her consent?

·         Can she still create any problem if at all I gift deed this Property to my husband, where he in turn can sell this place to others?

·         What is the best step I can take to sell this place to others?

·         Will my mother be able to create any problem legally in this regard?

  •    Will any tenancy act or rule apply to this?

Please suggest me as I’m confused.

Thank you in advance.



Learning

 3 Replies

Advocate Sastry (Advocate)     20 March 2013

This appears to be a repeated query.

R.Indra (-)     22 March 2013

Hello sir,

I have repeated the story for you to understand better.

My actual query starts from here...

 

For more than 3 years till date, she is not able to arrange the money (1 share to be given to us) and simply postponing this issue. She is not allowing us to sell this property to others also. We stay in bangalore.3 of my sisters along with my mother stay in Tamilnadu where the above mentioned property is there. My mother and 2 sisters are in favour of this 3rd sister since becoz they want me to give away this property only to her and not in favour of me selling it to the third party.

My mother has moved out of the house in Nov 2012 to my 4th sister’s house. Still my 3rd sister along with her family stays there. She is neither moving out of this place nor paying me rent. I’m very stubborn in selling this property as I’m planning to buy a plot in Bangalore. I’ve been sending brokers to dispose of this property as soon as possible. My sisters are creating problem telling these brokers that this property has disputes.  

 

Recently looks like she has approached a lawyer and doing things accordingly. If she tries to go to court, I will not be able to sell this property anytime soon. And she is planning to give notice order anytime soon in the Registrar Office also so that I will not be able to register this property even without her Knowledge.

My query is:

·         I’m helpless, what is the next step I have to do to get rid of her from my property?

·         How can I sell my Property to others without her consent?

·         Can she still create any problem if at all I gift deed this Property to my husband, where he in turn can sell this place to others?

·         What is the best step I can take to sell this place to others?

·         Will my mother be able to create any problem legally in this regard?

  •    Will any tenancy act or rule apply to this?

Please suggest me as I’m confused.

Thank you in advance.



 

Advocate Sastry (Advocate)     22 March 2013

@Indra,

I have earlier read this story also... I suugest you contact a local  Advocate in Bangalore and seek his guidance...

From this forum we can guide you on any broad legal issues but not on adament attitude of individuals

My personal opinion is if the value of the property given to your 3rd sister has appreciated by today will she agree for the exchange ?

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