• Father's Property

Hi,
My father transferred self acquired property (land)to my brother  and me through settlement deed, duly registered, in 1982. He passed away in 1998.

However, my brother is not agreeing for partition of this land nor allowing to sell. Now, this land has become very prime location. They are buildings around this property.
I have original settlement deed executed by my father.
Asked 11 months ago in Property Law from Nellore, Andhra Pradesh
Religion: Hindu
1) you have to file  suit for partition for division of property by metes and bounds 

2) in the alternative you can as co owner sell your share in property 

3) under section 44 of transfer of property act you can as co owner sell your share without consent of your brother 

Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
1) take search in sub registrar office where properties are located and obtain certified copies of sale deeds in which your father has share 
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
Arbitration can only be with consent of both parties . If your brother s not agreeable there can be no arbitration . 
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
Hello,
1) Arbitration is an  alternative dispute resolution does not have a solution for your legal problem.

2) Send  a legal notice to your brother demanding partition and a share in the monthly earnings he has out of the investments your father . You have the option to a negotiated settlement.

3) It is not true that the court cases will always take too long to resolve. Your legal step by sending the legal notice can itself grad your brother to the negotiating table.
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
Hi,  you have to file a suit for deceleration  to declare that the settlement deed dated so and so is valid and other property transferred by  your father to your brother is not binding on you.

2. If there is a clause for arbitration then only you can approach for arbitration proceedings.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
A. You can file a Partition Suit before the Court for your respective share. And you can sell your respective share without partition of the property but schedule property shall be affirmed by the court by metes and bounds.

B. You cannot insist for arbitration proceedigns unless mentioned the arbitration clause in the Deed.
B.T. Ravi
Advocate, Bangalore
738 Answers
31 Consultations
5.0 on 5.0
You have full rights in your father's intestate properties as your brother and other legal heirs have.
Your interests and rights in the properties cannot be denied by your brother or any other heir to your deceased father.
Being a legal heir you have an equal share in line with other legal heirs of your deceased father.
If your brother is not agreeing or willing to partition and allot you with your respective share in an amicable manner, you cannot get that through any process including arbitration etc.
Approaching an arbitrator through law will be after you have approached the court with a litigation.
Your case, if both parties agree for compromise and settlement shall be referred to mediation or alternate dispute relief centre for counselling and mediation for a compromise or amicable settlement.  For this you should have approached the  court with a litigation or dispute. 
Whatever efforts you may try to initiate but if your unwilling brother  is not cooperating, you dont have any choice than to approach court with a suit for partition.
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
1. What do you want now? Do you want to sell your share of the property?

2. You can only sale your share of the property leaving your brother's share,

3. File a partition suit claiming the property to be divided by metes and bounds,

4. Once the property is partitioned, you can sell of your share after offering the same to your brother to purchase the same at the price you have been offered by a third party (called preemption),

5. If he refuses to buy the same at the said price, you can sell your share to a third party.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. You shall have to identify those properties to claim share on them along with share of the incomes generated from those properties,

2. You can engage a local detective agency to identify your father's other properties/assets to take the above action.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
No Arbitration proceeding is applicable in such cases.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
You can file a suit for partition to separate your share from the undivided property Once the partition is done you will be able to sell your individual share. In so far as other properties of your father are concerned his heirs i.e his widow and children succeeded equally thereto if he died without a will. You can file a lawsuit for recovery of money to get your share from the rental proceeds. Arbitration cannot be resorted to unless it is specified in the settlement deed. 
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2786 Answers
41 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0