Flat locked by son-in-law & aunt without son's consent, what to do

Our ancestral property in Pune, Legal heirs are My Mother (Widow), My 2 elder sisters and Me.Now My mother's elder sister, my elder sister & her husband have changed our flat lock without our consent and they are asking for the Power Of Attorney in my elder sister's name for the purpose of Flat to be rented and that rent amount to be credited in my elder sister's account. My 2nd elder sister and me denied to sign on POA. so they have changed our flat lock and when we ask for our Flat key my eldest sister is responding that key is with her husband and my aunt (Mother's elder sis). Also without our consent they are disposing household things & when we questioned them they said Mother's permission is sufficient to dispose all household things. Actually my mother, my 2nd elder sis are also unaware.Please advise if we can send legal notice/warning to my aunt & brother-in-law. Or any alternate action that I can take against them please suggest.

Answers (3)

327 votes

Hi. You have stated that the legal heirs are your mother, your sisters and you. So I'm assuming that the property was the self acquired property of your late father. So after the demise of your father, the property will be inherited by his legal heirs. I am not aware what is your personal law. Whether you are subject to Hindu or Muslim personal law. Regardless of that, your aunt and your sister's husband are not legal heirs and thus do not have any right whatsoever in the property. Thus whatever acts done by them as stated in your query are illegal and unauthorized against which you can lodge a police complaint. Further for the flat to be given on rent, consent of all legal heirs will be required and not of your mother alone unless any of your siblings are minor for whom your mother can give consent as a natural guardian. I am presuming that such is not the case in your case. So for meddling with any manner with the flat, the consent and prior permission of all legal heirs will be required for authorising anything to be done by any one legal heir and without a valid consent of other legal heirs in favour of one such legal heir, any act done by that legal heir (in your case your elder sister) will be illegal. Your case is purely a police case and you must take appropriate steps to protect your and your mother's and your siblings rights in the flat. Thanx.

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65 votes

You should do the following:
1. Issue legal notice to them immediately;
2. You should also file an FIR in the police station against them for wrongfully stealing the property from you;
3. If they don't respond then you should file a suit in court of law;

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295 votes

Yes, you can issue a legal notice to your Aunt and brother in law. All the legal heirs has rights and share in the ancestral property. Kindly let me know, which religion you follow as there are different personal laws as per which the shares in the ancestral properties are calculated. For any further clarification and detailed advice kindly book a consultancy call.

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