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Bangalore Property Share takeover by my sisters
06-Jun-2026 (In Property Law)
I live in USA & have two elder sisters. My mother/father died about 10/7 years ago with a property in bangalore in all 3 legal heir's name & we planned to sell it. Now, since I have visa appointment issues I am unable to visit India & my sisters have sent notice via Lawyer that I have abandoned & relinguished property & that they would acquire the property since I have not visited India to sell the property.Does law permit to take my share of property even though its registered in all our names?
Based on the facts stated by you, merely because you are residing in the USA and have not been able to visit India for the proposed sale of the property does not mean that you have abandoned or relinquished your ownership rights. If the property stands registered in the names of all three legal heirs, your share cannot be taken away solely on the ground of your absence from India.
A legal notice issued by your sisters does not, by itself, extinguish your rights in the property. Unless you have executed a registered Release Deed, Relinquishment Deed, Gift Deed, Sale Deed, or there is a competent court order affecting your rights, your ownership interest continues to remain intact.
If your sisters wish to deal with the property, they cannot legally transfer or appropriate your share without your consent or due process of law. In fact, even while residing abroad, you may authorize a trusted person in India through a duly executed Power of Attorney to represent your interests and complete necessary formalities on your behalf.
I would advise you to promptly respond to the legal notice and clearly deny any allegation that you have abandoned or surrendered your share in the property. The exact legal position, however, would depend upon the contents of the notice, title documents, revenue records, and any documents allegedly relied upon by your sisters.
On the facts disclosed, your share in the property cannot be taken away merely because you have not visited India for the sale transaction.
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Adv. Sadanand G Kumbar
Bijapur | 25+ Answers
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hi sir as of now definitely you have complete liability on that share without you the can't sell if anything happens that you can claim further legally..you can appoint a gpa holder untill you visit india ..it will be secured
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Adv. Vanitha
Bangalore / Bengaluru | 25+ Answers
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If a property is registered in the names of all three legal heirs, your sisters cannot unilaterally claim your share just because you live abroad.
Merely not visiting India to sell a property does not constitute abandonment or relinquishment of your legal ownership rights.
To secure your share, you may need to file a partition suit in a Indian court or send a counter-notice through a lawyer to refute their claims.
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Adv. Dhruv. K
Bangalore / Bengaluru | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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