We had filed a partition suit for our home. My mother is the owner of 10/12 of the property. I hold 1/12 of the share and my brother is the owner of 1/12 share. The property is a 2bhk individual house on a plot area of 1800 sq. Ft. There is a quarrel with my brother and we filed a partition suit in court and it took 4 years to get the judgement. The judge passed the order to partition and give my brother's share. We don't understand what is the next step with this judgement. 1. We don't want to live in the same house/partitioned home with my brother as there are frequent quarrels. We can offer him his share based on market value of the house. Is it possible to buy his share of the property forcibly? He is not willing to sell it and is not ready to leave house. 2. We are also happy to sell the house to him if he agrees to the market value (which we had offered for him to buy his share). He says he will not give money (or asks for much lesser price than what we offered) and will not leave the house. 3. I give 10000 to my mother for monthly expenses. My brother do not give any money for my mom. Can we force my brother to provide for maintenance of around 10000 rupees for my mother (widow age 53)? 4. The current partition suit took 4 years for judgement. We don't understand the judgement which says give his share because it is a single house. We don't understand how to give his share(1/12th)
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Preliminary decree of partition has been passed
2) court would appoint commissioner for division of property by metes and bounds and pass final decree on basis of commissioner report
3) you cannot buy out brother share without his consent
4) after partition you are at liberty to sell your share in the house
5) mother can approach senior citizen tribunal and seek maintenance from second son
File execution petition in court for execution of order. If property could not be partitioned then the same would be sold and money shall be distributed.
You can give the share in any form by executing any deed or through any instrument
1. You cannot force your brother to buy your share in the property and vice versa, i.e., he also cannot be forced to sell his share in the proeprty to you against his willingness.
2. In that case there is no compulsion on you to sell the property at his whims, you can remain silent about it.
3. You should inform, the court to direct your brother to pay his contribution to maintain your mother at par with you and get an order.
4. If the property is indivisible then the court may bring the property to sale and distribute the proceeds in proportionate to the shareholders.
Dear Client,
Neither you nor your brother can be compelled to buy or sell each other's share in the property without mutual agreement.
Therefore, you have the right to refrain from selling the property based on your brother's desires; you can choose not to respond to his requests.
It is advisable to inform the court and seek their intervention to ensure that your brother contributes to the maintenance of your mother equally to you, and obtain a court order to that effect.
In the event that the property cannot be divided, the court may decide to sell the property and distribute the proceeds proportionally among the shareholders.
No forceful purchased permitted.
Sale offer you have to proposed in court. She can file application in court for maintenance.
Giving (1/12th) is not possible. Make offer in court of payment of (1/12th) share price.
1. As per law, A preliminary decree declares the rights of the parties, and a final decree satisfies that preliminary decree.
- If the the court has passed preliminary decree i.e. declares the share of your brother , and not passed its final judgement in the suit , then you can move an application before the court to allow you to make payment of consideration amount of his share .
2 .You can move an application before the same court for the same.
3. Your mother can file a maintenance case against him for getting the same , as she has her legal right to seek maintenance from her sons.
4. Inform the court for the same.
