Relative stopping mother from selling her own property. What can i do?


My mom needs to sell her property (own house in Bilaspur CG) but my sister and her husband who is currently staying with my mom is not allowing her to do so. Both of them are working and having their own house in same city even though they are threatening my mom that they will not let her to sell her own property.

 

Please tell me what I can do as I am staying in another city. What sort of legal procedure I can do? Kindly guide.

 

Answer

 

Your mom is eligible to sell the property if the same is her self-acquired property. If the said property is a coparcenary property then you and your sister have a share in the same which can be claimed by your sister. With respect to the coparcenary property, any property to which a female Hindu becomes entitled by virtue of her coparcenary interests shall be held by her with the incidents of coparcenary ownership.

 

The option available to you (if the property is coparcenary) is to file a suit for partition and then sell the property and give your sister her share and in case she wants to retain the house, then she will have to pay you and your mother the value of your share.

 

If the property is self-acquired, then your mother can dispose of the property in any manner she desires and your sister and her husband do not have any say in the same. Your mother can execute the sale deed and your sister and her husband shall be forced to vacate the house. 

 


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