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Brother in possession not wiling to give our share how to get legally


11-Jan-2023 (In Property Law)
Joint registry done 20 years back when the house was constructed. We were living abroad. Now we came back and asking brother for our share who is in possession of the property. How can we legally ask for it?
Answers (3)

Answer #1
830 votes
If you having your name on the registry then you can seek declaration of right by filing a civil suit before the competent court and you can further seek partition and separate possession. If you are owner then you have every right in the property.
Answer #2
620 votes
This means, you both are joint owners and no one can encroach upon the share of other as might have defined in the registry.

If your brother is unwilling to give you your share, you can file a suit against the joint owner (your brother) for unauthorized dispossession from your share, to get your share back.
Answer #3
617 votes
first a legal notice is required to be sent. if does not help, then you need to file a civil suit in court. whether the property is in Indore?
if yes, then we may help you legally get your share and possession.

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