• Inherited property dispute

1) I have a 5000Sqft property in Salem,Tamil Nadu, which is inherited by me, my sister and my brother after my father' s death . 
2)However my sister had gifted her portion of the land to my brother recently. Encumberance Cert. reflects this transaction.
3) I am not in a position to gift my portion to my brother. 
4) My brother has original docs in his custody and he is forcing me to gift my piece of land also to him.


Considering all these inputs, can you please advise me the next steps (lawyer notice, advt in paper etc )to safe guard my portion of the property and how to sell my portion of land ?
Asked in Property Law from Salem, Tamil Nadu
Religion: Hindu
Best thing is to file a partition suit for getting your share from  undivided share in  the property .If the property already partitioned then you can sell to any one as per your wish.  
Ajay N S
Advocate, Ernakulam
2070 Answers
24 Consultations

5.0 on 5.0


1) as co owner of land you are at liberty to sell your one third share in land under provisions of section 44 of transfer of property act . you can offer your brother first right of refusal 

2) if you dont want to sell issue legal notice to your brother for partition of the property 

3) if your brother refuses file suit for partition to claim your one third share in property 
Ajay Sethi
Advocate, Mumbai
28478 Answers
1543 Consultations

5.0 on 5.0

You cannot be forced to part with your share in the property. You can register a police complaint against your brother for intimidating you to gift him your property. Since he has the original documents in his custody a lawsuit for injunction to restrain him from alienating the property to create third party rights can be filed against him.
Ashish Davessar
Advocate, Jaipur
19897 Answers
520 Consultations

5.0 on 5.0

Hi, you being the joint owner of the properties along with your brother and sister so you can file a Suit for partition of your share in the properties and after determining your share in the  properties you can free to sell any body. 
Pradeep Bharathipura
Advocate, Bangalore
4204 Answers
153 Consultations

4.3 on 5.0

First of all talk to your brother and try to solve the problem by roping in some elders to interfere in this and get you some solution.
If this is not working out, yo may issue a legal notice to your brother seeking partition and separate possession of your share in the property.
If there is no reply you may file a partition suit seeking the same relief through court of law. 
In that suit itself you an file an application to restrain the defendant from further alienating the property.
T Kalaiselvan
Advocate, Vellore
18681 Answers
176 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
18681 Answers
176 Consultations

5.0 on 5.0

Ajay Sethi
Advocate, Mumbai
28478 Answers
1543 Consultations

5.0 on 5.0

Krishna Kishore Ganguly
Advocate, Kolkata
13924 Answers
309 Consultations

5.0 on 5.0

Ashish Davessar
Advocate, Jaipur
19897 Answers
520 Consultations

5.0 on 5.0

Devajyoti Barman
Advocate, Kolkata
7280 Answers
82 Consultations

4.9 on 5.0

Shivendra Pratap Singh
Advocate, Lucknow
3303 Answers
51 Consultations

4.9 on 5.0

Rajgopalan Sripathi
Advocate, Hyderabad
996 Answers
73 Consultations

5.0 on 5.0

Ajay N S
Advocate, Ernakulam
2070 Answers
24 Consultations

5.0 on 5.0

Shashidhar S. Sastry
Advocate, Bangalore
1339 Answers
75 Consultations

5.0 on 5.0

Kiran N. Murthy
Advocate, Bangalore
829 Answers
62 Consultations

5.0 on 5.0