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
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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
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
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
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.
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.
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.
My mother is now a senior citizen & brother has turned into verbal abuses. its a DDA Flat LIG ( one bedroom-though we have occupied a open space to make it hald room extra, brother has tuned down all our offers to have his share & move out. since its a small LIG DDA flat with one exit gate & common kitchen, bathroom its not possible to sell a share to outsider. Please guide me shall i or my mother or sister shall got to court & file request for sale of property does that have any hope how much time is required. there are also some installments left and we are not paying since we don't know the future. do senior citizens have any rights to expidite such matters in court.
Your mother should file suit for partition for division of property by metes and bounds
2) seek expedited hearing as she is a senior citizen
3) if property cannot be divided court would direct sale of property
1. The flat has to be sold in entirety.
2. Court cannot find a buyer much less force someone to buy it. You have to find out the buyer and sell the flat as a single unit.
In this property that belonged to your deceased father, it shall be shared equally by all his legal heirs/successors in interest.
In this situation, since one of the shareholders is not willing to come to a compromise decision, the others can approach with suit to sell the property which is indivisible through an auction sale supervised by court.
The time taken for disposal of suit cannot be predicted for various factors involved in it. Since others also are involved in it, your mother man not be able to invoke the facility available for seniors citizens for filing the case in a fast track court seeking an expeditious trial and disposal.