Sister sold the Fathers house without my permission – There was no WILL !

POSTED BY venus ON October 28, 2013 5:39 pm COMMENTS (7)

Dear Sir,

My father purchased a flat in Mumbai a few years ago.  He died without a WILL.  My sister told me sometime back that she will execute the relinquishment deed to which I agreed but later didn’t accept or sign the NOC. Now I hear that she has sold the property to somebody without any NOC or consent from me.  She is willing to give my share but I dont want the share but want to live in the house. Can I dispute that this is an illegal transaction is a court of law ?

Venus

7 replies on this article “Sister sold the Fathers house without my permission – There was no WILL !”

  1. ashalanshu says:

    Dear Venus, please take help of an advocate to file a court case. At the same time, please file a protest with the property registrar also.

    Thanks

    Ashal

  2. venus says:

    Hi Anshal,
    I told her that I will sign and agreed to the share amount but later I declined and didnt sign the NOC at all. Neither was there any court affidavit done by my sister.
    Venus

  3. ashalanshu says:

    Dear Venus, you and your sister signed any deed between you or not? Please consult an advocate in your area.

    thanks

    Ashal

  4. venus says:

    Thanks Ashal for your reply,
    I am not staying at the house currently. After I left the house, my sister told me that she will sign the relinquishment deed (since I am a legal co-owner) with me in exchange for my share, which agreed to sign earlier but declined later with the expectation that she will allow me to stay there as my current house is on home loans and I can rent it out. I want to prove in Court that the sale of the flat is illegal, would this be a correct argument in the court and would it work in my favour?

  5. ashalanshu says:

    Dear Venus, what I assume, as of now you do not want to vacate the house if it is in your possession. Well fighting it out in the court is the way forward.

    Thanks

    Ashal

  6. venus says:

    Hi Manish
    Thanks for your answer. I dont want a share but would like to stay in the flat. Would that be acceptable in the court ?
    Venus

  7. You can claim about the illegal transaction . If the house was not in your sister name and you had a valid share in it , then you can claim the house . Because when court will ask for papers from the current owner, he will not have any proper documentation on it.

    Catch a lawyer for this I would suggest.

    Manish

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