How to proceed with distribution of family property
05-Jun-2023 (In Family Law)
We are 3 brothers. Parents have 2 houses in delhi. One house already been given to one brother few years before ( 1/3rd Share of Total Value ). 2rd Younger brother is staying in the house with parents In which I have half share of the property. Since younger brother is unable to take care of the parents. They want me to stay with them.However younger brother is not ready to vacate the house as he has also mortgaged this house & is unable to pay back loan amount.. which s more than 60% of his share. Parents have love the house & are reluctant to move from this house yet they do visit for 2-3 months in a year.Have at times asked brother to vacate the house & he will be paid his balance share of the property value but not willing to move. Parents are in the old age of 87 years. Give yr expert advise for amicable solution.& options. There is WIll document also written by parents keeping 3 shares as above. Need for the my share is now -- as it will not be of any use later year...
Hi. In the narrow conspectus of facts narated by you, it appears that there is a notional separation of joint status within the family. As far as your share in the disputed property is concerned you could either initiate partition proceedings or you can arrive at family arrangement (oral or writing) in respect of your shares between yoursef and your brother. But in case you need a specific share in the property for disposing it off then a suit for partition has to be filed.
if all the property is in the name of your father you can not ask for partition of the as your father is alive. if the property is in the name of your father, how your brother mortgaged the said property for obtaining loan. please clear all the facts.
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