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Raghav Shukla (Consultant)     10 January 2012

Property right of daughters

Dear Sir,
Kanpur - UP

My late parents left us a residential house without a legal will.
We are two brothers and two sisters.
My brother forced my sisters to sign an NOC (simple affidevit) on giving up their share few yrs ago.

However, property is still not transferred to anyone's name.
I still have a portion locked up in my possession.

But My brother and his in-laws are forcing all of us to sell our property share to him in nominal rates and he is also not letting me rent my portion of house and threatening tenants and forcing them to not stay.

My sisters are ready to give up their shares in my favor if needed and is ready to fight the case with me.

How can I proceed with mutation and partition of house in 3:1 part or 1:1:1:1 (will me and my sisters need to travel to India)?
How much time mutation and partition process takes?
Can my brother force us to not to move forward with mutation and partitioning process as this will go against his plans.
Or can he intentionally delay legal process (he kept on saying – legal court cases takes years in Indian courts)
This house will loose it's sale value if partitioned but I still want to partition or buy the full.
I counter offered him with fare value of property + 10%, but he wants me to give up property on him and walk away, as he already lives here and don’t let anyone move into my portion of the house.
My brother and his in-laws threaten me and my sisters family for our lives. Can I do something to protect my family?



 5 Replies

kumar (NIL)     10 January 2012

Dear Raghav,

In this case you can do one thing.  Firstly you ask you both sisters to release theirs shares on your name without knowing your anthr brother. They can release their share through a Release Deed which will be registered. So that you wil total 3 shares. then obviously share ratio is 3:1. And then after you ask you brother to release his share also in your name for a certain amount. 

If it not possible, you can do one thing in this - you can sell your all your share (3:1)  to an X without knowing your brother. I hope this is a good idea to stop your brother's harrasment.

Think it again once, and take a correct decision before loosing your property.

Thank you .....

 

SACHIN AGARWAL (ADVOCATE)     10 January 2012

Dear Mr. Raghav,

You have not informed that when your father expired and where the proeprty is situated and also whether the house is ancestral proeprty or is self earned proeprtry of your father.

However, you can file a suit for partition before the competant Court having jurisdiction in the matter and can get the proeprty partitioned in four equal shares and thereafter you can get release the share of your sisters in your favour.

SACHIN AGARWAL (ADVOCATE)     10 January 2012

Dear Mr. Raghav You have not informed that whether the said house is self earned property of your father or it is ancestral one and also when your father died and where the property is situated. However, you can file a suit for partition before the competent Court having jurisdiction in the matter and after partition, your sisters may release their share in your favour.

Raghav Shukla (Consultant)     10 January 2012

 

First of all, thanks for taking time and your wonderful responses.

This is my father’s self earned property in Kanpur UP.
He died few years ago without a legal will.

I consulted two different lawyers and they told me same thing.

1. First go for Mutation/Transfer (My sisters can give fresh NOC in my favor)
2. Then file a partition suit
3. In Parallel, notify and get a restraining order from Local police station to protect my family from threats.

If the above consultation seems right then my questions are very specific. 

1. How can I proceed with mutation and partition of house in 3:1 part or 1:1:1:1 (do we need to travel to India) or this can be done through a Release deed, or Registration in front of registrar or through POA?
2. How much time mutation and transfer process takes?
3. Can my brother force us not to move forward with mutation and transfer process as this will go against his plans.
Or can he intentionally delay legal process (he kept on saying – legal court cases takes years in Indian courts)
4. Now after Mutation and Transfer is done, I will file a partition suit
5. This house will loose it's sale value if partitioned but I still want to partition or buy the full.
Can this property still be partitioned or will be put up for sale?

Dr J C Vashista (Lawyer)     11 January 2012

You are to take a stay order from District Court whiere property is located, against your brother/his in-laws, associates, assigns etc.

Seek declaration in District Court of your and your sister's (favouring you) share in the house property.

Apply for mutation in Municipal corporation of Kanpur alongwith NOC from sisters.

Rent int out or occupy and enjoy


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