# Madras HC Orders Fresh Value, Family Auction for NRI Share By Saurabh Garg, founder·6 min read·Published 2026-10-06 **Short answer:** On 28 September 2026 the Madras High Court set aside a 2022 valuation of Rs 2.71 crore on an inherited Coimbatore property that one brother wanted to buy out from the others. It ordered a fresh valuation at today's market value, an auction among the family with a Rs 3 crore upset price if more than one of them wants to buy, deposit within six weeks, and vacant possession within three months if the brother in occupation loses. A brother living abroad, acting through a power agent, may be represented through counsel and his emails are to be admitted as his contentions. # A Brother Abroad Wanted the Family House Sold at Today's Price. The Madras High Court Threw Out the 2022 Valuation. **Three brothers inherited a property in K.K. Pudur, Coimbatore under their mother's 1995 will. The brother living in it wanted to buy out the other two at a value the trial court fixed in 2022. On 28 September 2026 the Madras High Court set that valuation aside, ordered a fresh one at today's market value, and set a family auction with a Rs 3 crore floor if more than one of them wants to buy. The brother abroad can take part through counsel and email.** ## The case The order is in CRP No. 2567 of 2022, *V. Ranganathan v. Joe Fernandez (represented by his power agent A. Vijayasundaram) and others*, decided by Justice P.B. Balaji on 28 September 2026. It runs to 11 pages. The revision challenged an order of 2 June 2022 of the III Additional District and Sessions Court, Coimbatore, in I.A. No. 163 of 2015 in O.S. No. 874 of 2008. The property is S.F. No. 405/2, Door No. 63/41, C.S. Rathnasabapathy Street, Co-operative Colony, K.K. Pudur, Coimbatore. It came to the sons of Rosalin Nathan under her will dated 22 May 1995 (paragraph 1). ## How it got here The brothers signed a memorandum of understanding, but no partition followed. Two of them sued for partition and won a preliminary decree. Before the final decree, the brother in possession, the defendant, chose to buy out his two brothers' shares. The trial court appointed a commissioner and fixed the property's value at Rs 2.71 crore in 2022 (paragraph 2). The defendant said that figure was inflated because it counted future expenses such as planning costs and service connections. His counsel produced a valuation report dated 4 April 2026 at Rs 2.03 crore (paragraph 3). The brother abroad produced a Chartered Engineer's valuation dated 7 April 2026 at Rs 5.50 crore and asked for an open-market sale (paragraph 5). The heirs of the other suing brother, who has died, argued that the defendant had lost his right to buy out the others under the first appellate court's findings (paragraph 4). ## What the court held "Today, property prices have increased multifold and it would be unfair for all the parties to now fall back on the value that was fixed based on the then prevailing market rates in the year 2022," the court said (paragraph 7). It recorded that the defendant is in possession and has maintained the property, and that "The first respondent is staying abroad and wants the best value for the property by way of sale" (paragraph 7(i) and (ii)). It did not accept, on a prima facie view, that the defendant had forfeited his right to buy out his brothers (paragraph 8). Its directions, in paragraph 9: - The 2022 order is set aside, for this property only. - The parties appear before the Coimbatore trial court on 14 October 2026. The judge appoints an Advocate Commissioner to value the property as on date, on its present land and building, with no future contemplated expenses. - Any party, including the brother abroad, may then exercise a right to buy at that value. If more than one does, the court auctions the property among the parties to the highest bidder. - The upset price is Rs 3,00,00,000. Offers go in sealed covers, can be improved after opening, and the family auction must finish within four weeks. - "Since the first respondent is residing abroad, he shall be authorised to be represented though counsel and e-mail communications sent from the first respondent shall be admitted as contentions of the first respondent by the trial Court" (paragraph 9(ix)). - The winning bidder deposits the other shares within six weeks. If the defendant does not win, he hands over vacant possession within three months of the bid closing, against payment of his share. - Any default by the parties "shall be construed strictly". The parties agreed to take their other shares under the preliminary decree, with only this property handled this way (paragraph 9(x)). ## What it means for an NRI owner The order does not use the word NRI or name a country. It records only that the first respondent is staying abroad and acts through a power agent. His position is the one many NRI heirs are in: a sibling lives in the inherited house, the case runs for years, and a valuation fixed early is used to buy you out late. Here the court treated a four-year-old valuation as unfair to everyone once prices had moved, and gave the heir abroad a way to take part without travelling. This was one judge's directions on one family's facts, disposed of by order, and the parties' own agreement shaped part of it. Our guide on [co-heir deadlock in inherited property](/guides/co-heir-deadlock-inherited-property-nri) covers the routes out when siblings disagree. Our guides on [inheriting property in India as an NRI](/guides/inheriting-property-india-nri) and [capital gains on inherited property](/guides/capital-gains-on-inherited-property-nri) cover the paperwork and the tax on a sale. For acting through an agent, see our guide on [a power of attorney from the USA to India](/guides/power-of-attorney-from-usa-to-india). ## FAQ **What did the Madras High Court decide on 28 September 2026?** It set aside the Coimbatore trial court's 2 June 2022 order that fixed the property at Rs 2.71 crore, and directed a fresh valuation at today's market value, followed by a family auction with a Rs 3 crore upset price if more than one party wants to buy. **Can the brother living abroad take part without coming to India?** Yes. The court authorised him to be represented through counsel and directed the trial court to admit his emails as his contentions. **What happens to the brother in possession if he loses the auction?** He must hand over vacant possession to the winning bidder within three months of the bid closing, against payment of his share of the price. **Did the court decide who gets the property?** No. It set the process: a fresh valuation, a right for any party to buy at that value, and a sealed-bid auction among the family if more than one wants to buy. The winner is whoever bids highest. **When does the fresh valuation start?** The parties are to appear before the III Additional District and Sessions Court, Coimbatore on 14 October 2026, when the judge is to appoint an Advocate Commissioner to value the property. *66 MG Road newsdesk* ## Sources - *V. Ranganathan v. Joe Fernandez (Rep. by his power agent A. Vijayasundaram) and others*, CRP No. 2567 of 2022 and CMP No. 13158 of 2022, CNR HCMA010950012022, Madras High Court, P.B. Balaji J, 28 September 2026, 11 pages, each page carrying the mhc.tn.gov.in/judis footer. Full text read on 6 October 2026: [https://indiankanoon.org/doc/59351938/](https://indiankanoon.org/doc/59351938/) About the author: [Saurabh Garg](/about) Saurabh Garg has run the venture studio C4E for twenty years. He founded 66 MG Road in 2026, reads every proposal request, and replies within one business day. [saurabhgarg.com](https://saurabhgarg.com) · [@saurabh](https://x.com/saurabh) · [LinkedIn](https://www.linkedin.com/in/saurabhgarg) Information on this page is as on 2026-10-06. Rules, rates, deadlines and government portals change without notice, so verify against the official source before you act. This page is for information only. It is not tax or legal advice, and it is not a substitute for a qualified adviser who knows your position. ## Related guides - [Co-Heir Deadlock: Selling Inherited Property in India When One Sibling Will Not Sign](/guides/co-heir-deadlock-inherited-property-nri) - [Inheriting Property in India as an NRI: From Death Certificate to Money in Your Account](/guides/inheriting-property-india-nri) - [Capital Gains Tax on Inherited Property in India for NRIs](/guides/capital-gains-on-inherited-property-nri) - [Power of Attorney from USA to India: The Complete Process](/guides/power-of-attorney-from-usa-to-india) ## Compare and cost - [The NRI Property Management Companies in India: A Comparison You Can Check](/guides/best-nri-property-management-companies-india) - [What NRI Property Management Costs in India: The Four Models and What Hides in Each](/guides/nri-property-management-cost-india) - [NoBroker NRI Services Review: What the Pages Promise and What They Leave Out](/guides/nobroker-nri-services-review) --- Source: [https://66mgroad.com/guides/nri-coimbatore-family-property-revalued-auction-madras-high-court-sep-2026](https://66mgroad.com/guides/nri-coimbatore-family-property-revalued-auction-madras-high-court-sep-2026) · 66 MG Road. Full LLM brief: https://66mgroad.com/llms.txt