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Parents passed away brother creating trouble with property what to do


26-Jul-2023 (In Documentation Law)
My parent passed away has a house and lot under my father's name. The house was built by me and land is property of my parent. We are four siblings. My youngest brother is staying in the house and making some troubles, planning to sell it without our approval. I am planning to transfer it under my name since I built the house. I am currently living outside India. I tried to fix the paper works but my youngest brother is causing troubles with me and my other brother. Threatening us and even harmed my brother's wife because of this matter. His friends even harmed me. He is out of control. I already started to process when I had vacation last year but the staff in government office are asking a lot of money. I am planning to go home and arrange the paper works but I am not sure how long will it takes and how much. Financially, I am not really that capable but my only concern is to protect the property of my parents. Hope you can help me on this matter. Thank you.
Answers (3)

Answer #1
558 votes
Your younger brother alone cannot sell the property which is in the name of your father. Even the transfer of khata is required to be made in the name of all the siblings and even if you are able to transfer it in your name which cannot pass title only in the name of one member. If at all your brother is uncontrollable and if he takes the route of criminal offences and for which you have to take legal action by way of police complaint and make him shut his mouth. You can also issue a public notice in the news paper stating these facts by giving notice to general public to be aware of these facts before making a decision to buy it.
Answer #2
719 votes
On the death of your parents, you four children of your parents have succeeded to the estate in case your father's mother is not alive. Otherwise she is also entitled for one share. All the four of you are co-owners of the house property, Therefore, any one of you cannot sell the house property independently. All of you jointly may dispose of the property. You cannot claim the property as your own on the ground that you have spent for construction of the house. If it is admitted and conceded by your siblings, you may claim the same.
You are entitled for your 1/4 share in the property and seek partition by metes and bounds. In case your siblings do not agree, you may have to approach civil court by filing a suit for partition. You may pay fixed court fee of Rs.200/= as you are all deemed to be in possession as co-owners.
Answer #3
854 votes
Get ptoperty changed into ur name or else tell ur Brother to file criminal case in police for man handling further its ur father property all brothers have to sign to sell its not easy for ur brother to s ell it so come back and take appropriate steps

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