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Brothers are not agreeing to give my share of the property what to do


26-Dec-2023 (In Property Law)
Brief of the Case II have inherited a Residential property in Lucknow. Father died in July 1998 and mother in August 2002. I have two younger brothers and an elder sister. Me and my sister is away to property at Delhi. Both of my younger brothers are occupying the property and they are living in the same. No mutation has taken place till date. I have asked several time to my brothers to come to some agreement of settlement of the property but they are avoiding , naturally because they are living in the same. Now there is a accumulation of Hosue-tax to the tune of Rs. 1,00,000.00 and Municpal Corporation has served notice for the same. My brothers ask me for my share to pay off the taxes which I refused. To avoid the untoward situation they both have paid the taxes even and still asking me my share of tax. I always say to them to make a suitable partition of the property which they avoid every time. It is more than 10 years that my parents expired. I am not utilizing the property.
Answers (3)

Answer #1
525 votes
You have inherent property rights and obligations. You have equal share in that property. As per law your brothers or even sister could deny you for property share, so you should go for partition suit.
Answer #2
714 votes
Mam it is not clear from your question whether this property is still in the name of your parents or not, if your brothers are not ready for amicable partition of the property than you can file partition suit before the court and meantime you can also file a application to municipal office that till the partition of the property, mutated you as a co owner of the property.
Answer #3
945 votes
Very first initiate proceedings for the mutation thereof. If there was a notice to pay the tax you should pay for your share but in your name after the mutation your name as title holder shall be declared then proceed for your share in that property.

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