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Brother has already taken share in property . Now again he wants share
10-Feb-2023 (In Property Law)
We are four brothers one sister . In 2010 25gaz of property was sold and two brother took their share and rest two were left with remaining 25 gaz . Father dead in 2011 without any will . Elder brother took registry from home and now not giving back to me and demanding share in property . Now we made a relinquished deed in my name and all the brothers and sister also signed except elder one . He is not ready to sign and already taken his share 10 years back . Now i am selling this house to some one he has filed some sort of complaint in registar office for land dispute and that sale deed is stopped in between , please help what to do how to proceed .
You all can sign a family settlement with the signature of all brothers and sisters. If he is not willing, you can file a suit for declaration as against the elder brother claiming the title of remaining brother and sister over the property .
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Adv. Shrutika Garg
Delhi | 100+ Answers
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Hello, I have perused your query. In these circumstances if your father died intestate/ without any will then the property will be divided in equal shares among all the legal heirs.
You have an option of instituting a partition suit in a civil court of law praying for the relief of crystallization of shares and respective possession of shares.
For any further information feel free to reach out to us.
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Adv. Love Kumar Soni
Goa | 400+ Answers
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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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