I Have Filed A Case Against My Brother For A Written Which Is Fake 3 Y

736 votes

Hello sir your dispute can be resolved by talking to the other party. Before initiating a suit against the same we will have to talk it out so that we could reach out to a conclusion. Sometime it takes a legal council to talk and come to a conclusion that both the party’s agree to. Moreover, if you wish to file a case against the same, it can also be done. Kindly get in touch for further assistance regarding the issue.

Advocate Abhishek Kathuria LawRato

754 votes

the property can be sold even if the person does not agree however there are certain points to remember. You need to get a declaration from the court that you will be providing the share of the person as per equitable division and in case he opposes the sale then he will have to prove it in the court why does he want to stall the sale if he is getting the amount. However the first query is who owns the property right now?

Advocate Anup LawRato

528 votes

The remaining legal heirs of your brother can jointly file a suit for declaration and partition to resolve the issue regarding the property. By doing this, they can formally establish their respective shares in the property. If one of the heirs, such as the son who is not willing to sell, refuses to cooperate, the other heirs still have legal options.

Once the suit is filed and the court determines each heir's share, the heirs who wish to sell can offer to buy out the dissenting heir's share. This allows for an equitable resolution where the property can either be retained by the remaining heirs or sold, while compensating the heir who is not ready to sell.

Filing for partition ensures that the property is divided fairly according to each heir's legal entitlement. At the same time, offering to buy out the non-cooperative heir provides a practical solution that avoids forced sale or further legal complications. It is advisable to seek legal assistance to guide you through the process and help ensure a smooth resolution of the dispute.

Advocate Shubham Sharma LawRato

528 votes

you may file a suit before concerned Court for partition by metes and bound where in you can file the case against your deceased brother through his legal heirs and don't forget to attach the death certificate of your brother along with the suit and get the suit decreed in your favour against all share holders of your brother.

Advocate Arjun Singh LawRato