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Inheritance of Property Matter  


My father died on 17.08.2005. They have left a house in inheritance. I and my sister are legal heirs. This house is non-used from last seventeen years. As well as for the past 17 years, I have filled the municipal tax of this house without any kind of yield and I also have paid the meter rent of electric bills. At present, the main inheritance building is fallen due to heavy rain. This house is not currently being repaired by me due to money problem. Therefore, I want to sell this house. But my sister does not agree to sell this property. The name of my sister has been entered in property card. So under this circumstances, my father has died before the new law (Hindu Succession Act, 2005) came into force on 9th September 2005, is it necessary to get my sister’s consent to sell this house? Or without her consent, can I sell this property? Also to know me, if there is a law related this matter, let me know with clause.


You cannot sell the inherited property without obtaining any suitable concurrence with your sister. As both you and your sister are the legal heir in this case and the the property in absence of a 'will' will  be divided among the list of class-I, Please refer section 8, 9 and 10 of the Hindu Succession Act, 1956. The property is ought to get divided in equal proportion among you and your sister.

Speaking about the tax or bill; that also need to get borne by both (since it is not used by both of you) and need to get resolved among you and in case there is no consensus, the matter can be contested in the proper court of law with various other prayer.

As your father has died before 2005 cannot be any ground to alienate her. For this sake let me adhere with the latest case law decided by the Supreme Court of India. The Supreme Court held that, the daughter hold the right of being coparcener since birth in an undivided property, and has the same rights and liabilities like that of a son. 

The Court further observed that "These changes have been sought... on the touchstone of equality, thus seeking to remove the perceived disability and prejudice to which a daughter was subjected". Please click the link for reading the case law in detail on Danamma @ Suman Surpur vs Amar at  https://indiankanoon.org/doc/88759498/ (Link visited on 18-02-18 at 21:24).

On the above note you cannot sell the property without your sister's consent and further the earlier you understand that the property is not your sole and can do whatever you want will be better else only unnecessarily the post and pillars of Courts will become familiar, Please.

Pradipta Nath


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