Partition of house after demise of father
My father had 4 daughters and 2 sons including me. All daughters are married and staying with their respective families. My father constructed one house in which my father, mother, I myself with my wife and our 2 children were staying. Another house was constructed on the name of my brother, with the assistance of my father, wherein my brother and his family are staying for over 25 years. The objective of my father behind creating two separate houses for 2 sons was that both should live peacefully independently without any dispute. My father died 2 years ago without leaving a will. After his death, in the house, my mother, I myself with my wife and our 2 children are staying. Now, after the death of my father, all the 4 married sisters and the brother, who has been living in the separate house, have raided the house and forcibly occupied various portion in the house claiming their right. They create variety of ruckus and problems to trouble my family where as their own families are peacefully living in their respective houses. Their sole motive is to sell the house and distribute the proceeds and that is why they are creating problems/nuisance so that we give in to their proposal to sell the house. I understand that my sisters and brother have share in the property. Under these circumstances, my questions are:-
1. Can my married sisters claim partition of the house?
2. If yes, can they sell their share of property?
3. If yes, how can it be done? Practically, on partition, somebody will get a drawing room, somebody will get a bedroom, kitchen... and so on.
4. On partition, can they rent their portion to to somebody else?
4. Can they all force me to agree to their demand of selling the house?
5. Will the separate house constructed on the name of my brother not form part of joint property?
What remedy is available to me in the above situation?
Asked 7 years ago in Property Law
Religion: Hindu