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Land partition among five brothers but one brother is not ready for it


11-May-2023 (In Family Law)
my father has two house he is dead now we want to partition of house one brother is not accepting he insulting all of us including our mother is any possible the house partition without him we suffer lot by him he did not bother about our words he is not cooperation remaning brothers all coperation is there any solution .my father gave a house in his name before 10 years but now he is accepting our registration he is asking one part to him .
Answers (4)

Answer #1
800 votes
Hello,

Your solution would lie in filing a suit for partition of the property before the concerned court.

Is the property a self acquired one or is it ancestral property? If it is self acquired, whether your father has written any will?
Whether your father has settled that earlier house in your bother favour? And whether in that settlement deed it is mentioned that your brother has no other claims?
Answer #2
955 votes
If your family level talks fails, send him a legal notice and ask for the partition. If he refuses to respond to it, you could proceed to file a partition suit. Even after filing partition also the matter could be settled amicably at any time if all parties agree for a compromise.
Answer #3
785 votes
Sir,
As per your words on an bare understanding your brother has got separate house from your father, is it? whether it gor registered in your brother's name? how the said two houses came to your father, i.e whether it is self acquired or devolved from ancestors. I need full details to give a correct solution.
Answer #4
862 votes
Your case needs a detailed discussion. If your brother is not co-operating then we must do something to get the relief and we cannot just keep quite. Kindly contact me for a detailed discussion, so that I can give you a clear advice and further guidance.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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