Legal Question in Real Estate Law in India

My 5 siblings and i jointly own a property (6 registered owners). The property was part of intestate estate, subject to laws of succession under hindu succession act. as per the law, and the relevant dates, my sisters and I did not have entitlement to the property. However with agreement of all siblings, the property was registered in equal shares among all siblings. This was about 6 years ago.

My brothers are now of the view that despite The registered interest of my sisters and I, we are not entitled to a share of the property. Furthermore, they are refusing the sell the property. What can I do to obtain my claim of the property? Can they have the registration declared invalid?


Asked on 3/11/16, 2:11 am

1 Answer from Attorneys
Vivek Mapara Vivek N. Mapara

Sir

Once a Deed is registered, it cannot be Cancelled or disowned unilaterally by any one of your brothers without your consent and following due process of law. So once deed is registered, you are deemed to be owner of the property. So do not hesitate about your right, title and interest in the property.

So far so sell is concerned, unless, all owners agree to sale the property, no single owners can individual sell the property or part thereof. However, this would not mean, that you cannot sell your individual share comprised in the property. There is difference in selling the property and selling your share in the property. So yes, you can share the 1/6 share you hold in the property.

Otherwise, what you have to do is, file a suit for partition of hte property and thereby get the property divided among all 6 siblings by mets an bounds and thereafter, you can sell the property that fall in your share.

Feel free to contact me should you have any questions.

Vivek N Mapara

www.vnmlaws.com

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Answered on 3/13/16, 12:00 am


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