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vikram (Sales)     05 November 2017

Property sale - legal and inheritance

My father lives in his house in Coimbatore and is looking to sell it. (My mother is no more) The property papers are in my father's name. However the papers are in my sister's custody and due to personal issues with him, she is not willing to share them. A few questions:

1. What legal recourse does my father have to get the papers back and sell the house?

2. If my father sells the property, is he expected to leave a share to his daughter? Thanks!



Learning

 8 Replies

Vijay Raj Mahajan (Advocate)     05 November 2017

The property is in your father's name, it means he is sole owner of the property. The titles/papers of the property are kept by the daughter which she's not supposed to do. Your father should ask her to handover those papers to him and if she still refuse he should lodge complaint with local police about this, they will get those out from her unlawful possession. On sale of the property, it's your father's choice to share the proceeds of the property with anyone including you and your sister or Not, no one force or intimidate him for this.
1 Like

vikram (Sales)     05 November 2017

Thank you so much sir for your kind and prompt reply.

My father is looking to setup a trust to take care of my sister's kids. (She is currently not working, divorced and not earning)

His pension and other property rent money currently is given half to her.

Can you advise of financial institutions in India which help with revocable or irrevocable trust funds setup?

Many thanks in advance.

Kumar Doab (FIN)     05 November 2017

It is believed that you are all Hindu.

Have you checked the property is ancestral or it was self acquired in the hands of your father?

Confirm!

Kumar Doab (FIN)     05 November 2017

In case the property is self acquired then NO one has any forced share in it and owner Hindu male can dispose it in his life time in anyone’s favor by any valid deed e.g; sale deed.

 

The Father is at liberty to pursue any recourse depending upon facts of the matter and his choice e.g; lodging complaint against daughter for not returning the original papers or proceeding to get certified copies per procedure..

 

1 Like

vikram (Sales)     05 November 2017

We are actually all Christian. Property was self acquired by my father and not ancestral.

Ritu rawat   06 November 2017

In the absence of any customary law that may govern your community, your father has absolute right to dispose of his self acquired property in any manner he wants during his life time. Mr Kumar has rightly said that you can either recourse police help to get the papers or can apply for the certified copies from concerned authorities..

Dr J C Vashista (Lawyer)     07 November 2017

Well advised by experts, I endorse.

Your father is absolute owner and eligible to dispose of the property as he desires, your sister has no right, interest or claim over his (your father's) self-acquired property.

 

1 Like

Dr J C Vashista (Lawyer)     07 November 2017

Your sister is withholding property documents illegally for which she may be booked and punished.

Consult and engage a local prudent lawyer.


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