Can we distribute our father's property if 1 brother is not wiling to?
We have a house in Delhi which is my father's name but he died last December. We are two brothers and one sister. Me and my sister want to transfer the papers to my mother's name but my elder brother don’t want to sign. Even also won’t agree to distribute property in 4 equal parts.
Please do let me know if possible that all property can go to my mothers name as my sister (married) and me both are agree to give her property or can we all get equal parts of property if my elder brother is not agreeing to sign the distribution papers?
As your father died intestate (without making a Will), as per the Hindu Succession Act, the property shall devolve upon all 4 of you equally (i.e. each gets 1/4th share). Now, as you have stated that you and your sister want to transfer your share in your mother’s name then you both can execute a relinquishment deed whereby you agree to transfer your share in the said property in the name of your mother.
With respect to your brother not agreeing to transfer his share and neither agreeing for a partition, then the only option available to you is to file a suit for partition and permanent and mandatory injunction.
The Court shall pass a partition decree whereby the property shall be partitioned. Now if your brother wishes to retain the house then he shall have to pay each of you their share otherwise the property shall be sold and the remaining shall be distributed equally amongst all of you.
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