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 2 years ago in Property Law from Nellore, Andhra Pradesh
My father also shares in other properties. but we do not have any documents. My brother is enjoiying the monthly benifts from these investements made by my father.
Asked 2 years ago
i do not want to aproach courts as it will delay the process. Can Arbitartion service useful for resolving this
Asked 2 years ago
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
1) take search in sub registrar office where properties are located and obtain certified copies of sale deeds in which your father has share
Arbitration can only be with consent of both parties . If your brother s not agreeable there can be no arbitration .
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.
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.
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.
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.
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.
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.
No Arbitration proceeding is applicable in such cases.
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.