you have to issue legal notice to brothers to claim your one fourth share in property
2) if borthers refuse file suit for partition for division of property by metes and bounds
3) seek an injunction restraining brothers from selling the property .
Brothers not agreeing to partition
Brief of the Case :- II have inherited a Residential property in Lucknow. Father died in July 1998 and mother in August 2002. I have two younger brothers and an elder sister. Me and my sister is away to property at Delhi. Both of my younger brothers are occupying the property and they are living in the same. No mutation has taken place till date. I have asked several time to my brothers to come to some agreement of settlement of the property but they are avoiding , naturally because they are living in the same. Now there is a accumulation of Hosue-tax to the tune of Rs. 1,00,000.00 and Municpal Corporation has served notice for the same. My brothers ask me for my share to pay off the taxes which I refused. To avoid the untoward situation they both have paid the taxes even and still asking me my share of tax. I always say to them to make a suitable partition of the property which they avoid every time. It is more than 10 years that my parents expired. I am not utilizing the property. My brothers are taking full advantage of the property and not getting ready for the parititon. My Questions :- Can I ask Rent from them for this property, as to my knowledge, after the death of parents, any occupation of the property by anybody is illegal. Next what is the solution for Partition ?
Asked 7 years ago in Property Law
Religion: Hindu
15 Answers
Dear...
Feel free to file the suit of partition in Lucknow.....please mention area name , location ..measurement,valuation ..
Regards
Mob-No-[deleted]
Since this property now devolves on all the legal heirs of your deceased father, all four of you are joint owners or co-sharers of the property hence there is no question of demanding rent from them.
You have to bear and share the maintenance expenses which includes property tax also. However you are entitled to a share in the property hence you can file a partition suit against them and seek your legitimate share and separate possession of the same through court of law.
1.No. Your brother's occupation of their father's house is not illegal.
2. You shall have to file a partition suit claiming partition of your father's property.
3. Once the said property is partitioned with Court's intervention, you will be able to sell off share of the said property to the third party after offering to sell the same to your brothers first.
1. You cannot seek rent from them but you can pray for mesne profits from your siblings if they have earned income from the property.
2. The remedy for you is to file a suit for partition in the competent civil court to cull out your separate share. The court will order division notwithstanding the opposition of your siblings.
What If I don't share maintenance expenses as well as property tax, since I am not using the property. My brothers are enjoying as they are living in it.
Asked 7 years ago
as co owner you are bound to pay your proportionate share of property taxes and maintenance expenses
What is the procedure, expenses and requirements to File a Partition Suit in Civil court and normally how much time it takes to finalise. Since I am putting up in Delhi and the property is in Lucknow, I am sure the case would be filed in Lucknow courts. And since my brothers are based locally, they can prolong the case by taking dates on every hearing.
Asked 7 years ago
you ahve to file partition suit in lucknow
2) court dfees would depend upon market value of your share of property
3) legal fees vary depending upon lawyer engaged by you
4) suit would take around 15 years to be disposed of
Dear..
you are in legal heir...your are the daughter of your father ..that is confirm that ...you are entitle in the property...without filing the case ..you will lose your share in the property...
Regards
Mob-No-[deleted]
What If I don't share maintenance expenses as well as property tax, since I am not using the property. My brothers are enjoying as they are living in it.
Since you claim rights to a share in the property, it becomes your duty to pay the property taxes proportionately and the maintenance expenses even though you are not utilising the same, because the property is being maintained even on your behalf.
What is the procedure, expenses and requirements to File a Partition Suit in Civil court and normally how much time it takes to finalise. Since I am putting up in Delhi and the property is in Lucknow, I am sure the case would be filed in Lucknow courts. And since my brothers are based locally, they can prolong the case by taking dates on every hearing.
The court fee, lawyer's fee and filing procedure will be intimated to you by the advocate who you would engage for filing this partition suit.
The partition suits generally takes long time to get disposed, it may be between three and five years and sometimes beyond that too.
If you apprehend that your brother may prolong the case, you can give instruction to your advocate accordingly to expedite the case
1. You are the joint owner of the said property along with your brothers who are staying therein.
2. Nobody has restrained you in staying at that property of your father jointly inherited by you.
3. Your liability to pay the taxes and other legal dues in connection with the said jointly held property of yours is not dependent on whether you are staying therein or enjying that share of your property or not, the same way your joint share on the said property is not dependent on whether you are staying there or not.
4. In your own interest to establish your claim on the said property you should pay your share of the tax and its arrears.
1. The partition suit shall have to be filed at Lucknow by engaging a local lawyer having expertise in this field. The legal fees vary from place to place and lawyer to lawyer. It takes Rs.40K in Kolkata to file partition suit.
2. You shall have to submit the death certificate, title deed of the property standing in the name of your father and also the legal heir certificate certifying that you are one of the legal heirs of the properties of your father who has demised intestate.
3. The case will run for years but you have no option other that filing the said partition suit to claim your share of the property.
4. You shall have to engage an alert and sincere lawyer who will put all his efforts to ensure that the case is not dragged by your brothers unnecessarily.
Dear Concerned,
Yes the case will be filed in Lucknow and your brothers may try to delay the same - but as the partition suit is process for obtaining a legally available relief the court also may not be able to delay it unnecessarily.
This should take a maximum of two years from the date of filing. So, you need to wisely choose your lawyer - it would be better if you choose your lawyer on an lum sum payment method instead of one time drafting & filing plus hearing wise charges . Other then the lawyer charges there would be minimal court & expenses fee which would borne by yourself other then the lawyer fee.
Best of luck
Even if you do not share the property tax and maintenance charges you can still file a suit for partition, but your brothers can file a suit for recovery of money to recover from you your share in the property tax.
1. The procedure begins by engaging a lawyer who alone can tell his fee. The stamp duty on ad-valorem basis may have to be paid by you.
2. The suit has to be filed in the Lucknow Civil Court.