My father died on 1998. Survived by Mother now a senior citizen Elder brother unmarried Sister married And me. No will was done by my father. And brother has been creating scene at our house and apart from my sister we are resident of same property. Is there any law to help us immediately sell the property and divide the share even if my brother has not consent. Its a LIG flat one bedroom.
1) on demise of father intestate your brother has one fourth share in flat
2) you can sell the flat with consent of all legal heirs
3) if your brother does not consent you cannot sell the flat
4) you can file suit for partition for division of property by metes and bounds
Firstly, you will have to file petition for grant of letters of Administration to the legal Heirs of your father
After that, You can file a suit for partition in civil court.
Once the property is divided and demarcated, you can sell your share, even if your brother does not give his consent.
See since there was no will all of you including sister mother and 2 brother has equal share in property.
You have right to sale undivided share but since in flat no body will buy a share you need to do is file a partition suit and ask for share since flat cannot be divided by meats and bounds pray before court to sale same and divide proceeds there of.
See without suit brother consent is required as he has share and to sell complete flat he need to sign sale deed.
If I file the partition suit since its a flat one bedroom flat and can't be parted and brother does not approve sale. My mother and me currently are in same property what could be the expected time frame since she is senior citizen and don't want to move in rented property. So share shall be required ASAP. Also if we move to rented property it might again make it tough for us is it since we won't have the possession then. Please guide
Sir see even if brother doesnot approve sale if flat cannot be physically partitioned the court will order to auction same,
further partition suit takes time till the disposal of suit you can stay in same flat and morther can pray before court to expidite the suit as she is Senior CItizen.
Ask the brother if he gets ready for mutual settelment such that his share will be paid to him after the property is sold out.
Regards
As it is a one bedroom flat your brother would be given an option by the court to take his share as the property could not be divided. In case your brother does not agree to it, the property would be auctioned by the court and all the beneficiaries would get the amount in equal proportion.
Othewise filing a suit of partition will take a lot of time and also since it is a flat it will be difficult to divide the flat.
If some purchaser is ready then the mother can sell the flat, though the brother can later challenge the said sale deed.
Regards
partition suit take 15 years to be disposed of
your mother as senior citizen can seek expedited hearing
no need to move to rented flat at present
Buy the brother's share by paying him market value of his share and ask him to move out
Then there will be only 3 co-owners, you, your sister and mother
You cannot sell the proeprty which involves the co-sharers share in it.
The property left behind by your deceased father devolves equally on all his legal heirs which includes your brother.
You can file a suit for partition, and if the house property is not partible then the court may pass a judgment to bring the property under auction sale and disburse the amount equally among all the legal heirs.
You can file a partition suit and fight the case till it is disposed and you can remain in the same house till the court decides about the case.
You need not shift to a rented accommodation even before the suit is decreed by court.