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Can I sell my part of property if brother is not vacating the property


25-Jan-2023 (In Property Law)

I have house in new delhi in my & my mothers name.my mother died in 2005. I live in different city for past 30 years.My brother is staying in this said property & he rented some portion to tenants.I asked him to vacate the property but brother refused.Can i sell my 50% share without making physical alterations(like putting wall in middle) in house & without my brothers consent?

Answers (3)

Answer #1
669 votes
In view of the facts put forth by you, it seems you might be the owner of 75% undivided share in the property. However, in any case, there is nothing in law that prevents you from selling your undivided share in the property. Consultation Advised.
Answer #2
554 votes
The undivided share cannot be sold off. They can only be bequeathed under a will. You should first seek a partition of the property by filing a suit in new Delhi.
Answer #3
647 votes
A very good day to you! yes you can sell your share of the property without your brother's consent. however, it is advisable you settle the physical demarcations with him to avoid future litigation.
Regards,
Advocate Ishita Yadu

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