Q.960 How to sell joint property

in India if one party not willing to

sell

Question: Dear Sir, I am making this enquiry on behalf of my father (Ranjit Singh) who holds PIO issued in 2012. He has been copied in this email. We are a lower middle class Singaporean family, living in Singapore. My grandfather (an Indian) had bought a landed property in 1970s in Ballia and later started to build a house on it in 1986. The construction had only just started and my grandfather suddenly passed away. My father could not continue the construction over there and till now it is left the way it was (an unfinished house) for 30 years. According to the title deed, that property belongs to my father and his younger brother (who suffers from a mental ailment and relies on my father for basic needs in life). My father has 2 other younger sisters, whom we suspect might want to claim rights. We are in dire need to sell the property now as my father is now in his late 60s. However, my mentally ill uncle, has been against selling it, not thinking that my father cannot continue to cope with expenses. We have an alternative arrangement for my uncle to live in the village home & still continue to receive monthly expenses from my father. Please advise if my father could legally sell the property without the consent from his brother, who cannot think rationally. We have a confirmation (dated in 1992) from the government mental hospital in Singapore that my uncle suffers from phsyscitsofrania. Throughout his life, he has been depending on my father for bread & butter. How do we evaluate the property without being cheated? Whom do we consult & could we evaluate the property from abroad? Could we do all these and at the same time keep our costs very low? Do his sisters have legal rights on the property, despite the title deed? Please guide us. Awaiting your prompt & favourable response. Thank you. Shimla Singh Answer: What you need is to seek help from a lawyer and get professional legal help and representation to resolve this situation. Since you have taken the time to write to me, I will make a few comments to answer your concerns, however you should seek the help of a lawyer. 1. Your father’s younger sisters legally can claim their share of their grandfather’s property. This is because even though ‘The Hindu Succession Act, 1956’, formerly didn't give daughters equal rights to ancestral property. This law was changed by an amendment that came into force on September 9, 2005. Now daughters have equal rights to share in their ancestral property. Even though the title deed may be in your father’s and his brother’s name, the property you mention was purchased originally by your grandfather. Your lawyer should be able to advise you more on this and help you protect your interest in the property. 2. I doubt if a 24 year old medical certificate from Singapore declaring your father’s brother as suffering from Schizophrenia would have any acceptance in a court of law in India. The fact that he refuses to agree to sell will certainly be something any court would take into account. Something you need to consider in consultation with your lawyer. 3. Evaluating property in India from abroad is not possible unless you have someone in India helping you. 4. To save money if a dispute arises over property in India is not easy if residing abroad. Sometimes the cost of litigation and travel to and from India may exceed the amount of what the property is worth. The best course to settle property disputes is to do so by mutual understanding and agreement where everyone gets their rightful share. However, as long as your father’s brother does not consent to the sale, you have a problem which needs to be addressed by the family first. Someone would have to protect the rights of your father’s brother also and this is where the courts come in. Speak to a lawyer.