• Land distribution among blood relatives

My family consists of 5 brothers and 2 Sisters. The land is clear, open space and has names of all brothers & sisters but is not divided. The land is in Palghar district of Maharashtra.
Total land : 17.5 Ghunta. All brothers are ready to sell it to a family member except one elder brother who has also constructed a commercial concrete office and given it on rent without the consent. Now the elder brother says he will not give the share to sisters and that will not allow the selling of property as he desires that the property be shared only between two elder brothers. I would like to ask that whether the sister have a legal right on that land and can the elder brother stop them from selling or giving them their share and how much would be the share.
Asked 7 years ago in Property Law
Religion: Christian

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2 Answers

all brothers and sisters have equal share in the property

2) file suit for partition for division of land by metes and bounds

3) co owner can sell his share without consent of other legal heirs

Ajay Sethi
Advocate, Mumbai
97680 Answers
7906 Consultations

If the property belonged to your father or mother, and if the owner is not living then the legal heirs as successors in interest shall be entitled to a legitimate share in the property as their right.

This share shall be equal to all.

Therefore the daughters are entitled to their legitimate share in the properties as their rights and nobody ie.., the cosharer brother cannot decide about it nor he can deny the allotment

The daughters can file a partition suit seeking partition and claiming their legitimate share in the property and also filing an application before the same court seeking to restrain the defendants from alienating or encumbering their share in the property.

T Kalaiselvan
Advocate, Vellore
87882 Answers
2366 Consultations

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