• Property dispute after father death

Hi
We are four brothers and no sister. Our father died 3 years back due to heart attack. Father had jewellery shop business. We two brothers came out for job and handling own expense. Younger two brother's joined father in business. One of younger brother taken loan on existing father property for new shop. There is loan still due. After father death, he is saying pay loan if you want share or don't ask anything. Also not ready to give half share from property to youngest brother. They both stay separately. Regularly fight for daily household expense or other things. What to do.
Asked 7 years ago in Property Law
Religion: Hindu

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10 Answers

Firslty, as per the information mentioned in the above query, makes it clear that though the two are separated from the father business, but still you all four have right in it.

Secondly, if one has taken loan then there are possibility that may be required to be paid back by all in equal proportion subject to some facts which need to be considered.

Thirdly, you should first apply for the succession certificate before the Civil Court of Law, that may take 2 to 3 months.

Fourhtly, then immediately file a suit for partition, and let the matter be handled by court of law.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

On father demise mother , 4 sons have equal share in property

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

3) you are not liable to repay the loan

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

This is my response to you:

1. Firstly obtain a letters of administration from court;

2. Also obtain succession certificate for the same;

3. If you obtain the same then 95% problems will be solved;

4. Rest remains the ownership and partition of the properties of your father;

5. The partition can be executed by a lawyer through a partition deed;

6. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

If your father has died without making a will, all of his legal heirs(wife and sons ) are entitled to get equal shares in the said property of the father.

you should file partition suit in the civil court. all property will be divided by the court .

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

1. if the property is self acquired property of your late father, then all his legal heirs have equal share in it

2. as per law the legal heirs are widow, mother and children

3. the loan taken by your brother is his private loan. It was not a joint loan for which the father was also liable

4. so brother is wrong in telling his siblings that pay loan first and then ask for share - that is illegal

5. the loan is the liability of the brother who took it - so on basis of that he cannot deny the right of other legal heirs

6. if things are not being settled amicably then file a partition suit in High Court

Yusuf Rampurawala
Advocate, Mumbai
7939 Answers
79 Consultations

File a partition suit claiming your share in father's both movable and immovable properties.

You being a legal heir to your father, you have a claim in the assts left behind by your father,

Consult a local lawyer with more details in your case.

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

Sir file a suit for the partition of all the assets equally among the four brothers further if the brother has taken loan then he is liable to pay not you all in case it is in name of father then only you are laible.

Take an interim stay along the partition suit so that property is not further sold or mortgaged.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Client,

All have 1/4th share. File partition suit, all issue will get resolved.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

Hello,

Either you may sit and settle the matter amicably or otherwise divide the property with 1/4th share to each brother or if two want to relinquish the share then 1/2 to each brother.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

A partition suit before the appropriate court would fetch you the desired result.

You can arrange for a meting of all the brothers involving elders of the family and arrive at an amicable solution, if it fails then you have no other go than to approach court with a partition suit on the basis of the facts.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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