Hi, We have ancestral lands and a house. We are eight siblings in total. We have partitioned few lands, but there are few cases on lands which are not partitioned yet and has court cases running regarding that land because a person has illegally grabbed that land. Now all these legal expenses are borne by me all alone and till now have spent 1 Lakh. And we also plan to reconstruct a new home in the place of existing house as the current home is 100 years old and weak. But the main issue here is, two of my sisters refuse to contribute their share of money for the court cases and even for the maintenance of the house and even for the reconstruction of the house. I have for years politely asked for it but now I am running out of patience and money as well. I had an idea of filing a case against them to either pay their share of their money or else their name will be removed from the rightful co-owner of the house and land as well. Is it possible? What other options do I have? They don't want to give their share of money but want to have rightful ownership as well.
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1) you can only sue them to recover their share of contribution
2) you cannot remove them as co owner of the property
3) issue them legal notice to pay their share of contribution for maintenance and litgation expenses . enclose documentary evidence of payments made by you towards legal fees and maintenance expenses
1. As narrated by you, there are 8 siblings and parents are no more.
2. It's not correct that you alone have to shoulder the responsibility of the supervision & maintenance of the land whereas others without any active participation are also treated on par with you in respect of entitlement of equal share in the property.
3. All the siblings can enter into a Family Settlement Deed wherein the details of total land holding, court cases in respect of certain lands, legal expenses, maintenance, cost for reconstruction of old house, etc.can be detailed and the money required for the above has to be quantified and the total cost has to be equally divided and all the siblings have to undertake to bear the cost. In case anyone declines to pay for the expenses, his/her share shall be proportionately reduced to the extent of his/her contribution which has to be agreed by the concerned person by signing the Family Settlement Deed.
4. Legally, unless & until a legal heir/heirs execute a Release Deed relinquishing his/her/their share/S in favour of other legal heirs it is not legally possible to decline the rightful ownership of the co-owner/S in the property.
5.
1. As there are few plot of land which are not partitioned as yet,you can very well file suit for partition.
2.In the said suit you can adjust the money borne by you in maintaining the joint properties which would be considered while curt giving your allocation.
3.However the share of your sisters would not be obliterated altogether.
4.In this way your dispute can be resolved.
you may file an application for deletion of her name in the civil suit as co-plaintiff. you cannot strike out her from her right in the ancestral property. you can separate her right in the house if possible, means if house may be partitioned in equal share otherwise you can recover all the expenses incurred in maintenance of house by filing a civil suit for recovery of money.
If your sisters are not willing to contribute to the repair and renovation work of the old and dilapidated building, then you may communicate to hem in writing by registered post stating the sorry state of affairs and the money crunch you ace to tide over the crisis.
You can give them the details of expenses that are likely to incur for this and inform them about their share of contribution towards this and ask them to contribute the same at the earliest or you may have toi drop the process of maintenance of the old building.
If you dont find any response or nothing is coming forward, you may abruptly stop all the repair activities immediately and shift yourself to other location leaving the property to remain in the same condition until the disposal of court case after which you can renovate your share in the property at your expenses.
