1. Your mother after intimating her sister of selling the property can initiate the sale process of the land when her sister is still a tenant.

2.  If the two sisters have maintained cordial relationship, then the sister who is a tenant, may likely to vacate the premises. However, in the absence of Lease or Rental agreement, your mother's sister may not pursue legal action.

3.  Your Mother has to first send a legal notice to her sister for vacating the place and if the problem still persists, your mother has to approach the competent Court for evicting her sister from the premises.

4.  Yes, it's possible.

Your mother can sell the property 

2) sister can seek stay order restraining sale of property 

3) mother can issue eviction notice to sister 

4) if sister contests eviction proceedings it would be long drawn affair 

1. yes. property can be sold on 'as is where is basis'

2. the lease has to be terminated first. if the sister does not vacate then an eviction suit has to be filed

3. yes

4. if she wants to remain on the property she can do whatever it takes to delay the matter. 

Dear Client, 

Your mother can inform the tenant about the sale process and initiate it. It is recommended to give her an appropriate time so that there is a considerate amount of time for the tenant to leave and a notice given to show proof in case the tenant decides to file a case. Secondly, if the owner did not follow steps for eviction, then the tenant can initiate legal action to prolong the process of vacating. Thirdly, yes, your mother should her an eviction notice if she refuses to vacate the property. Eviction can be prolonged in court if she is paying rent on time and followed all the terms as per the agreement.

Thank you

1.  If there is no rental agreement existing between them then the property owner can sell the property.

2. She can if she is provoked by this act.

3. She can send a legal notice asking her to vacate and subsequently file a suit for ejectment in the absence of a rental agreement between them.

4. If a suit is filed then it may take long time for disposal.

Dear Sir,

My answers are as follows:

1: Can my mother initiate the sale process of the land with her sister still as a tenant at the said Property?

Ans: Yes, but a notice has to be serve on the sister about the intention of selling the property as your mother absolute property of the same.

2: Can her sister initiate a Legal Action to prolong the process of vacating the said Property?

Ans: It may be but if sale transaction is done and if the purchaser is a strong person then he will get the premises vacated even without going to the Court.

3: Should my mother send her sister an Evection Notice if she refuses to Vacate the Property?

Ans: It is better to issue such notice or only a notice about selling the property and to have a dialogue with new owner if she wish to renew her tenancy.

4: Can her Sister prolong the eviction in the Court of Law?

Ans: Never go for eviction proceedings as it may prolong the issue.

1. Since your mother is the owner of the said property by way of a registered gift deed , then she can sell the property legally after sending a legal notice to her sister to vacate the property , and if not vacated then even she has her right to sell the property . 

2. She can approach the court for a stay order , however if she is not paying rent regularly or your mother required that property for her use , then eviction order may passed within a short period of time. 

3. Yes

4. Read No.2 reply

1. Yes but possession may be a issue. 

2. Yes she can

3. Yes

4. It may take time