we are 3 Sons and 2 Elder Sisters to our Mother. Father demise in 2000. We are having property in Bangalore i.e. 30X40. I am middle one out of 3 Sons. Property in the name of our late father itself. My Elder brother is not ready to sell the property and he is living in one portion of the property along with his family. In another portion of the property my younger brother and his family. My elder brother and his wife are not ready to sell the property and rising conflicts on very small issues quarrelling every time with my younger brother, myself and my sisters. He is not interested to part the property with my sisters and demanding more share i.e. 60% of share in property selling. Which are are not agreeing. Kindly guide us how to go about it legally. The most important thing is My elder brother is having all the original documents with him. We are having only xerox copies of property documents. Kindly advise how to go about it legally and how much time it may take so that we can sell the property divide the shares equally among all.
Asked in Property Law from Bangalore, Karnataka
file suit for partition for division of properties by metes and bounds
2) even if you have xerox copies you can file suit for partition
3) if property cannot be divided court would direct sale of property and sale proceeds divided among legal heirs
4) suit may take some years to be disposed of depending upon pendency of cases in court in your city
1. Was it your father's self acquired or ancestral property?.
2. Did your father die intestate ( without executing a 'WILL') or had executed a WILL?.
3. Assuming that it is your father's self acquired property and had died intestate then the property would devolve equally to all the legal heirs. In the instant case, your mother, 3 brothers and 2 sisters are entitled to equal share in the property.i. e., 1/6 th share to each one of you.
4.You can get certified copy of the Sale Deed from the jurisdictional Sub Registrar's Office which is as good as the original one.
On the demise of your father his property devolved through succession on his heirs i.e sons and daughters equally. ANy one of his heirs is at liberty to file a suit for partition to cull out his/her share in the property. The certified copies of the title deed can be obtained from the office of sub-registrar.
If the property belonged to your father and he died intestate, then the property shall devolve equally among all his legal heirs which includes your mother also.
Thus the property shall be divided into six equal shares and each will be allotted one such share.
If one of the shareholders is not willing to sell the property, then a partition suit before the civil court only will be the legal solution to this.
Contact a local lawyer and arrange to first issue a legal notice to your unwilling brother for selling the property and divide the sale consideration or if he is not willing then to partition the property amicably, if he is not agreeing for either, then you may file a partition suit.