Share in Joint property of three brothers


We are three brothers and one of our brother is residing in a flat which was owned by my father who expired last year without any will.He does not allow us to share that neither want to give us our share.He does not listen to anyone. What options are there legally to get our due from him.what are the steps.plz explain step by step.Is there any provision that we can get our share if he is adamant to do that.How much time will this whole process take Ur genuine and experienced replies are awaited.Thanks in anticipation.

Answers (1)


269 votes

If your father died without a Will then the property will devolve against all Class I legal heir I.e your mother,sister and brothers.

The remedy available with you is to file suit for partition thereby demanding your share.

Further you can file application of interim stay thereby restraining him to sell  property.


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