• How to get adamant brother to vacate ancestral house?

We are 5 brothers and 3 sisters in hindu family.Our parents are no more.We want  to sell the old ancestral house  built by parents on a 15'x45' and share the same among brothers and sisters.
One of the brother who was staying in the old house is not ready to vacate the house.He wants to own the house by giving guidance value to other brothers.Other brothers are not agreeeing for this and they want him to vacate the old house- what is to be done legally  to get him vacate the house ?
Please advice.
Thanks

k s manjunatha
Asked 2 months ago in Civil Law from Davanagere, Karnataka
Your brother has one eight share in the house

2) you  cannot evict him from the house 

3) file suit for partition for division of house by metes and bounds 
Ajay Sethi
Advocate, Mumbai
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1219 Consultations
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Dear Concerned 

In such situation it is suggested that all the brothers except the one creating problem should file a declaration and partition suit , once the partition is done the share holders will be able to sell their share - where this admanat brother will have a problem - in such case either he will have to buy all the other's share as per market value or have to sell his share too. 


Best of luck 

Atulay Nehra
Advocate, Noida
436 Answers
15 Consultations
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He cannot be evicted from the house as he is also a legal heir to your parents. Being a legal heir his share is at par with that of all other heirs. The only remedy for the other siblings is to file a suit for partition to cull out the separate possession of their share in the property. After the court divides the property through metes and bounds the siblings can individually sell their separate shares. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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court fees would depend upon the market value of your share in property 

2) suit has to be field where property is situated

3) suit would take around 15 years to be disposed of 

4) it depends upon pend ency of cases in court where suit is filed 
Ajay Sethi
Advocate, Mumbai
23279 Answers
1219 Consultations
5.0 on 5.0
ourt fees would depend upon the market value of your share in property 

2) suit has to be field where property is situated

3) suit would take around 15 years to be disposed of 

4) it depends upon pend ency of cases in court where suit is filed
Ajay Sethi
Advocate, Mumbai
23279 Answers
1219 Consultations
5.0 on 5.0
The court fee is not uniform in India as every state has its own court fee act. So this question can be answered only by a state based lawyer. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
The suit is to be filed in the civil court within the local limits of whose jurisdiction the property is situated. The time frame can be tentatively 2-3 years.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
We are 5 brothers and 3 sisters in hindu family.Our parents are no more.We want  to sell the old ancestral house  built by parents on a 15'x45' and share the same among brothers and sisters.
One of the brother who was staying in the old house is not ready to vacate the house.He wants to own the house by giving guidance value to other brothers.Other brothers are not agreeeing for this and they want him to vacate the old house- what is to be done legally  to get him vacate the house ?

This property can be sold only when all the co-sharers agree for selling it jointly, if one refuses then there is no other option than to approach court for partition suit and separate possession of their share in the property. 
You cannot forcibly vacate him from the property because he is one among the  share holder in the property. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
What is the court fee for filing a partition suit  as the property is transferred to children as legal heir is there any court fee? Where should we file the suit in -Davanagere district court ?How much time it will take to give a verdict as there is no will by parents ?


The court fee is a state subject, you can enquire it locally because it differs from one state to another.

The jurisdiction to file this partition suit shall be let known by your advocate because it is pecuniary jurisdiction 

The time taken for disposal cannot be predicted owing to various factors involved in it. 


T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0

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