• Property inheritance

My father passed away in June 1997 he never made any will. My mother me elder brother unmarried my elder sister who got married in 2010 and me his youngest son_unmarried.. My grand parents expired long before my father.

If mother is natural beneficiarie of the flat which was in my father's name alone.
We expect from my sister are leaving in the same flat. Mother also a senior citizen now and me both have good relationship but my brother is often bitter to us and since it's a small flat we are finding it very difficult.
Please advise on options. And how long any legal action may result
Asked 5 months ago in Property Law from New Delhi, Delhi
Religion: Hindu
on father demise your mother has only one fourth share in flat 

2) all children have equal share in the flat 

3) on mother demise intestate ie without a will you , your brother and sister would have equal share in flat 

4) you can file suit for partition to claim your share in flat 
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
5.0 on 5.0
1) under section 44 of transfer of property act co owner can sell his share without consent of other co owners . purchaser can then file suit for partition 

2) if however you dont get purchaser unless all legal heirs consent in such a case file suit for partition for division of property by metes and bounds 

3) if property is incapable of being divided court would direct property to be sold and sale proceeds distributed among legal heirs as per their share in property 
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
5.0 on 5.0
Since the flat was your father's self acquired property upon his intestate death it devolved equally among all his legal heirs consisting your mother, your brother, your sister and yourself.
Your mother is entitled to 1/4th share only ion the said property.
Your mother cannot claim the entire property for herself.
If you would wish to have your share in the property you may first try for amicable settlement, if nothing works and there is no peaceful compromise or family arrangement then you have no choice than to file a partition suit and seek separate possession of your share in it.
You dont worry that how it can be shared since it is a swelling house and very small, the court will take of it by legal procedures. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Me my mother and sister wants to sell the property but my brother don't want to can he put the sale on hold stating he don't want to sell as he is staying there. We offered him 25percent of the market value but he rejected stating won't move out or allow sale.. Pls advise

Your brother have rights to object to selling of the property but his rights are restricted to his legitimate share alone and not for the entire property.
If your brother is not agreeing for any mutual agreement then you have two options;
1.  To find a buyer who is ready to buy the 3/4th undivided share in the property and take possession of his share legally by dividing the same with your brother
2.  By filing a partition  suit and seeking separate possession of your legitimate share in the property.
In this your other co-sharers can be impleaded as plaintiffs and your brother as a defendant.
Consult an advocate on all such further issues.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1. On the demise of your father his legal heirs are his widow and children, each one of whom has succeeded equally to his properties. The sale of the flat with delivery of possession is not possible unless either all the heirs execute the sale deed in favour of the prospective buyer, or any one of them execute a relinquishment deed in favour of the heirs desirous of selling the property. Your brother can file a suit for injunction to restrain you from selling the property.

2. You should file a suit for partition to cull out your separate share in the flat which can then be sold by you.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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