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Want to sell father's property but brother not agreeing for the same?
06-Jan-2023 (In Property Law)
We are two brothers living with our family in Mumbai. This house belonged to my father who died and mother has also died. I am the younger son. I want to sell this house, but my brother is not ready to sell nor willing to give me my share. What can be done pls. advise.
Suit for partition can be filed by metes n bounds. Or u can ask him to pay ur share, if he wants to retain d house. If d house is not transferred and still in fathers name, still u can file suit for partition seeking your share
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Adv. Pawan Pande
Mumbai | 25+ Answers
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What are the property rights of brothers?
You can do this by filing a lawsuit or without one. According to the Indian law on property distribution, each brother gets an equal share of ancestral property. If there is a testament, it is used to divide the property among those named in the will.
Can I sell my property even if my brother who is a co owner doesn t want to sell?
When the co-owners shares are specifically stated in the sales deed, a coowner may sell their part without the consent of another co-owner. If the share isnt stated, a co-owner must ask the consent of the other before selling. 18-Apr-2022
Can a sibling be forced to sell?
A partition action may be filed by other siblings or owners of the property if one sibling refuses to sell an inherited home. 18-Oct-2023
How do I stop my brother from selling my property?
You cannot sign away your interest in the property. He may need to go to court in order to separate his interest in the property so that he can only sell half of it.
In that case if partition is done between you and ur Brother thn you can sell your share in ancestral property without your Brother consent ,if partition is not done then cosharer consent is necessary..
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Adv. Ramesh Jamdade
Kolhapur | 25+ Answers
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can my brother sell property without my consent
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What happens when one sibling is living in an inherited property and refuses to sell
you need to file a partition suit in the court for the same.Being the legal heir you have all the rights to the property as much as your brother. A partition suit is a civil suit and you need to send a legal notice before that .
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Adv. Sudhir Reddy
Pune | 25+ Answers
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