How can I claim and sell my share in fathers property after his death

907 votes

partition suit will be appropriate answer, you are not clear on possession part. It will take long time, suppose your brother wants to drag this case, if not, if he wants to settle this issue he can opt for speedy process. You have GOOD CHANCE of coming out success fully. In the absence of valid document in place from your father or if he had died intestate the property devolves equally on legal heirs.

Advocate RS Raghavan LawRato

766 votes

You said that you and your brother partitioned the properties, whether it was a oral partition or by a family arrangement or an unregistered partition deed?
If you want to sell your portion of property and if the same has been demarcated and identified, you can go ahead with the selling if the buyer is willing to buy it and you can execute a registered sale deed in the name of the buyer on the basis of oral partition between you two.
However if the buyer insists on a registered document in your name then you may issue a legal notice to your brother for a registered partition of properties between you two and if he does not cooperate then you may file a partition suit.
A partition suit may take more than five years to get disposed.

Advocate T Kalaiselvan LawRato

772 votes

Dear Sir,

Before proceed to the Court, i can refer in the portion deed if any option mentioned in that or else you can give the legal notice to your brother and if he is not ready to come forward to registered the portion deed. you can claim your rights through Court, if your brother there is no objection to portion the property, the maximum period is below six months, if your brother says any objection and he also ready to contest the case it can go further six months. Maximum period of one year you can recover the your portion.

Advocate S.Ezhil Raj LawRato