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Co-owned property occupied by the only sister
01-May-2023 (In Property Law)
My mother & I co-owned a house in Delhi for which i we named my sister as the nominee. My mother passed away in 2010. Soon after her death my sister moved into that house without really asking me. She has her own house in Rajouri & I live in Pune in a rented apartment. I now wish to sell the house to buy an apartment here in Pune after giving her, fair share of money.
However she is refusing to move out of the property. What should I do?
However she is refusing to move out of the property. What should I do?
Did your mother died intestate (without writing a WILL)? Are there other siblings to you apart from this sister? Is your father alive?
On your mother's death, you will get equal share in your mother's share of the property in addition to your own share and the sister who is staying in Delhi will get equal share in your mother's share of the property. In other words, you are entitled to 75% share of the sale proceeds and your sister who is staying in Delhi is entitled to 25% share.
Convince your sister that you want to sell the Delhi property and would like to buy an apartment in Pune, since you stay there and you would be paying her 25% of the sale proceeds and let her agree for vacating the property. If she refuses to vacate the house ,inspite of paying her share, tell her that you would take legal action to evict her from the premises.
On your mother's death, you will get equal share in your mother's share of the property in addition to your own share and the sister who is staying in Delhi will get equal share in your mother's share of the property. In other words, you are entitled to 75% share of the sale proceeds and your sister who is staying in Delhi is entitled to 25% share.
Convince your sister that you want to sell the Delhi property and would like to buy an apartment in Pune, since you stay there and you would be paying her 25% of the sale proceeds and let her agree for vacating the property. If she refuses to vacate the house ,inspite of paying her share, tell her that you would take legal action to evict her from the premises.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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