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
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.
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
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.
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.
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.