• Dispute with brother over land

Hi ve a land of 8 care in one village and a land of 4 acre in second village. My parents passed away. My younger brother dont to want to sell out the property. I said so many time that I need money to settle down . Kindly seprate land in equel part. How can I get my part
Asked 3 years ago in Property Law from Indore, Madhya Pradesh
Religion: Hindu
You have to initiate talks with your brother for partitioning the property equally among all the legal heirs by roping in elders in your family circle so that your brother will listen  or dictate terms for an amicable settlement and it is feasible, you may agree  to it or if he still adamant then you may file partition suit demanding separate possession of your share out of the intestate properties left behind by your parents on their death. 
T Kalaiselvan
Advocate, Vellore
34383 Answers
368 Consultations

5.0 on 5.0

1)if land was in your parents name on their demise you and your brothers are legal heirs 

2) of your brother refuses to sell the land file suit for partition for division of land by metes and bounds 

3) best option is to enter into deed of family settlement with your brother without going to court 
Ajay Sethi
Advocate, Mumbai
44220 Answers
2565 Consultations

5.0 on 5.0

1. Who is the owner of the land? 

2. If the land was owned by your parents then you may file for partition in the court to cull out your share. After the court orders a division you will be able to sell it.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

In whose name the land is? If it is in your name then you don't need your brother's consent. If the two lands are in the name of your parents, then you can not sell it unless you obtain heirship certificate from the Court.
Rajni Sinha
Advocate, Mumbai
327 Answers
34 Consultations

4.8 on 5.0

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