• Guidance to resolve the property dispute

My father had a flat in gurgaon and he did not made any will, we are three brothers and two sisters, one of my brother occupied the flat by removing the lock about 8 months back, he is not ready to vacate the same or agreeing to sale the same. Before this, this flat was rented.

He feels that if it becomes a legal matter, he can stay in this property for long and when the case is resolved, he will buy the same at very low price.

Pl advice, what legal steps can be followed to get this dispute resolved?

Can the occupants have any upper hand in purchasing the property?

If the matter is resolved legally, what options are available for its dispiosal/sale?
Asked 1 year ago in Property Law from Delhi, Delhi
Religion: Hindu
Pl advice, what legal steps can be followed to get this dispute resolved?
If the property is lying intestate, you may file a partition suit seeking separate possession of your share in it. The legal case will make them to sit back and think.



Can the occupants have any upper hand in purchasing the property?
No.  The occupants can be dragged out if an EP is filed after disposal of the partition suit. 


If the matter is resolved legally, what options are available for its disposal/sale?
If the court decrees the partition, then the disposal details can be mutually agreed by the owners of the property.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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1) file suit for partition to claim your one fifth share in said flat 

2) also apply to court for appointment of court receiver in respect of said flat pending hearing and final disposal of the suit 

3) court receiver an give said flat on rent and rent proceeds can be deposited in court 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
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1. It appears your father is no more.
2. if that is so then all the brother has equal share in the properties left by him including the said flat.
3. So if the brother is not leaving the flat for better division of properties you will have to file a suit for partition and separate possession.
3. It is true that the person in occupation of a joint property is preferred while allocation of the same. However if it is proved that the same taken into possession bu use of force then court can ignore this.
4. Moreover for proper distribution of properties the court can direct sale of the same and divide the money among the oversharers.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Hi
 initiate legal proceedings for partition, get an injunction to remove him out till the pendency of the suit.
 He has no advantage by illegally staying there.
You can pray for the division by sale  this will make speed up  the proceedings .
If the partition takes place you an your other brothers can decide the amount as per the prevailing market value , if your said brother is interested he can buy provided that other brothers are willing.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. File s partition suit immediately claiming your share of the flat and also your share on  the fare rent which your brother is supposed to pay for occupying your share of the said flat,

2. occupants will have no upper hand in purchasing the suit property,

3. You can also pray before the Court for  allowing you to auction the flat for dividing the ale proceed amongst all the legal heirs and in that case your said brother can also take part in the auction as any other bidder.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Hi sir/madam, your father was died without WILL, all legal heirs i.e., your brothers and sisters and mother (if alive) are entitled and equal rights over the said property, you have to take legal heirship (succession) certificate from the Tahasildar office and to apply the pavathi khata in yours name entered in to records of revenue documents of such property and thereafter jointly to sell the property or to divide the property to execute a deed of partition amongst yours and freely to disposal the said property as you like. 
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0

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