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Indian Law/parental properry dispute

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Question
Dear sir,Need your help on the below case.we are two brothers and three sisters. All are well settled and I being the youngest son of my father. My whole family used to stay here almost 20 years back and after one by one all are got married and my brother shifted to mumbai and two sisters shifted to delhi and my third sister shifted to America.Now i am the only one who stays in our parental house since 20 years. This house in on my father's name till now. Now i have submitted my father and mothers death certificate in tehsil and now the whole house in transferred to all of us (all the siblings 2 brothers and sisiters).One of sister who is in america since 20 years has never come back to india. Now we all are interested to sell this house except my sister who is in america.Can we sell 4/5 of the share that belongs to 2 brothers and 2 sisters. As we all four are interested to sell so is it possible for us to sell four portions of the house and we will leave the fifth part for her and she can take that part when she comes back..???Moreover everyone is ready to give me GPA to sell the house and my sister in america is not ready for that.Can we four sell it without her consent how? ??Please guide me.

If we go for family settlement agreement then can this be done orally or we need it in written.??

is it necessary for the members to be present in court or we just need signatures? ?

is it mandatory to get family agreement this registered in court?

Answer
Arvind:

Thanks for your referral.

While you and your brothers can always sell their respective shares of the property, the buyer would wish to have complete title to the property by way of 100% share. Therefore, it would be advisable to convince your sister to join in with you do sell the property fully.

To answer to your specific questions:

Q.1: If we go for family settlement agreement then can this be done orally or we need it in written.??
A: It is advisable to do this in writing by way of Deed of Family Settlement, which should be registered with the Sub Registry.

Q.2: Is it necessary for the members to be present in court or we just need signatures? ?
A: Given rampart frauds, the registration authorities now require the parties  to a property related document to be present in person.   

Q. 3. Is it mandatory to get family agreement this registered in court?
A: As answered under 1.

Suggest to consult further with a reputed civil lawyer, where the property is situated and proceed accordingly.

Best Regards.  

Indian Law

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Rajeev Dewal

Expertise

Indian Law relating to Banking and Financial Transactions. Kindly read instructions on "Ask the Question" page before asking a question. Kindly note that the replies here are by way of general information and not to be taken as legal advice nor the same form any client attorney relationship.

Experience

Over 20 years as In-House Counsel and banker with International, Private and Public Sector banks in India.

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Currently, Head- Legal, RBL Bank Limited, India (see web: http://www.rblbank.com/).

Education/Credentials
BSc, LLB, CAIIB.

Awards and Honors
University Prize- LLB Examination, Distinction- CAIIB.

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