My father have a rent shop & a house but after death of my father my younger brother continue the shop & i was living at home i am not enter fare at last 15 years in shop matter but when i want to my share in shop the he did not want to give my share.so i want to dived our shop at 2 part.so what is the legal process for this action please replay as soon as possible.
Asked in Property Law from Kolkata, West Bengal
1. You did a mistake of not exerting your right over shop earlier.
2. Anyway nothing has lost till now. Do send your brother a notice asking for share in the house and shop.
He would refuse. Then file a suit for partition and injunction.
3. Do not waste time anymore.
Serve a notice then file suit for partition against your brother.
Advocate, New Delhi
1) since your brother is refusing to give you any share in the shop it is advisable to contact a local lawyer .
2) issue legal notice for share in shop and the house
3) if your brother refuses to give you share file suit for partition
1. If your father has made no will in respect of his shop then you and your brother have an equal share in the shop.
2. Since your brother has denied to you what is your lawful share you should issue a lawyer's notice to him to demand your share. If he denies it then move to court and file for partition.