1. See firstly in case father is alive then in his life he is absolute owner you have no right on property father can will, gift , transfer or sale as per his wish.

So if brother is constructing with consent of your father then no consent from you is required.

2. In case of intestate demise of father that is without will any property he holds shall he equally divided in legal heirs as per Hindu Succession act.

You need to file partition suit if he is not giving you your share

- As per law, if the property is self acquired property i.e he purchased from his own fund , then during his life time , no body has right to claim share into the same, and he is having his right to transfer the same to any one.

- But, if the father dies without leaving a WILL etc , then his property will be distributed between his legal heirs. 

- Hence, if your father has already died without leaving an WILL in your brothers favour, then you three brothers have equal right over the same, including the construction house by your brother. 

- Send him a legal notice , ask for a partition of the property .

- If, refused , then file a partition suit for getting your share in the property. 

You can contact me via kaanoon.com in Delhi for a better solution . 

If the property is your father's then you have a share. File a partition suit and also file an application for permanent injunction so that the court stops all work on the plot.

On father demise you have one third share in property 

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

3) seek injunction restraining carrying on construction on the plot 

4) inform bank from where brother  has taken loan of filing of suit by you 

If the property is ancestral:

The legal heir can claim their respective share only after the demise of the owner but during the lifetime no one can claim the property, however, an injunction suit can be filed by the legal heir having vested interest in the property restraining the person to transfer, alienate, mortgage, sale the said property,

If the property is self-earned:

The owner of the self-earned property can give the property to any person of his/her choice,

therefore, if the property is ancestral you can file an injunction suit along with the partition of the property

1. If this is your father's property who died intestate then on his demise it has devolved through intestate succession on all his Class 1 heirs equally.

2. You are free to file a suit for partition in the competent civil court to cull out the separate possession of your share in the property. Also seek temporary injunction during the pendency of sale to stop further construction and creation of any third party rights by your brother.

Respected sir...

You definitely have right in that property of your father ...if he is not providing you your share then you just have to file a partition shuit in the court stating all the fact and circumstances.. surely you will get the same ...

Thank you

1. Assuming that your father died intestate (without executing a WILL), then the entitlement to the share in your father's self acquired property devolves equally to your mother (if alive), your father's mother (if alive), you and your siblings (your brothers and sisters), in the instant case 3 brothers.

2.  Send a legal notice to your brother, for partition of the property and if there's is no positive response, file a case.

3.  You can bring an Injunction Order from the jurisdictional competent court against your brother to stop construction in your father's site, as it belongs to all the Class-1 legal heirs and your brother has started construction without obtaining permission from all the legal heirs.

4.. File a declaratory suit in the jurisdictional competent Court praying for declaration of your individual share by means of Partition, declaration and separate possession of the property by metes and bounds.

1. IF Father has died with executing any WILL for his properties, THEN all the 3 brothers legally are entitled to EQUAL share in Father's properties, without any exceptions.

2. To legally claim your share, you would have to file for Partition Suit in the local Civil Court.

File a partition suit in civil court once this lockdown is over.

For now, file an interim relief application for having the stay order against the construction 

Is your father still alive?

Firstly you have not stated that whether your father is alive or not living. 

Presuming he is not living,  reported to have died intestate,  in the absence of a legally valid partition among his legal heirs,  the act of your brother to build a structure on his own in your father's property is illegal. 

You can approach court seeking partition of property with separate possession of your legitimate share in the property. 

You can also seek an order of injunction restraining your brother from further constructing the property till the disposal of main suit for partition. 

Dear querist, 

If your father died without a will, then if there are 3 brothers, you are entitled to 1/3rd share in the property belonging to your father. This is how you should proceed. 

1. First inform the bank through the email/notice that the property has 3 owners as per intestate succession. Resultant, the sanction will be cancelled. 

2. File an interim stay application for injunction on the construction activities conducted by your brother. 

3. You can file a suit for partition on the ground of intestate succession and division by metes and bounds. 

Before, doing all this, in my opinion, a legal notice informing your brother to stop the construction as it will amount to illegal activity might be the only requirement for you. He might stop his misdeeds on the mere legal notice. 

You can contact me through kaanoon or on linkedin,  in case you are in need of my assistance to send the legal notice on your behalf and filing the suit. https://www.linkedin.com/in/yuganshu-sharma-655091183/

Regards, 

YUGANSHU SHARMA 

ADVOCATE 

DELHI HIGH COURT

If your father has died without any Will then on his death all his children have equal share. Since the joint property is not divided each co sharer has share in every inch of the the property. 

So file a suit for partition immediately wherein the court can grant injunction so no one can make construction before the court passes the final decree. 

Hi,it is advisable to file for civil suit for declaration and permanent injunction to claim your title over the property as well to obtain stay order on the construction 

You have to apply for Partition deed in the court, If your father is not alive. 

All have 1/3rd share each. IF he dose not partition amicably, have to file partition suit. You can also file FIR for mortgaging your share in the property. He can mortgage only his 1/3rd share. 

Dear Sir/Madam,

You are suggested to serve a legal notice to your brother and if not done needful by him, file the suit of partition against him. 

If your father has died intestate then only you are entitled to get share in fathers property. If it is your father's self acquired property and he has gifted or gave rights to your brother on property only he has right. Your query lacks details. Feel free to contact me for further guidance if you need 

Dear Sir,

-File immediately injunction petition (O39R1&2) in court to stop him from any construction. 

-Post injunction, you can seek partition of the property with the declaration on property.

-Feel free to connect with details if needed more input. 

Regards

Vivek Arya

1. It is surprising that the Bank has given your brother house building loan for constructing house on the plot standing in the name of your deceased father, without taking your consent/signature.

2. File a partition suit against your brother claiming your share of the land and also whatever has been constructed thereupon.

All three of you are entitled to 1/3 share each in the property of your father.

You can issue notice to your elder brother seeking partition of the property of your father, if he refuses, you can file suit for partition.

You must also file an interim application seeking injunction from proceeding with construction of house by your elder brother.

Further, you need to intimate the Bank from where your brother raised loan about the litigation and inform them to stop further disbursement of loan as issue is pending in court.

1. Yes you have right in property if your father died intestate.

2. You should file partition suit against your brother for claiming share from father's property.

As per ur query u have not mentioned about the details of property whether property is ancestral or self acquired .

Secondly property stands in whose name and whose possession . Kindly give all details for proper answer/ suggestion. Assuming said property is in name of father all the children have equal right/share in property. you can claim your share by filing partiiton suit in the court of law.