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elder brother not giving property share
18-Aug-2023 (In Property Law)
we have one residential property in surat on name on my father. we have 3 brothers. My two elder brothers earlier stay with together in same property with parents and also have forefather business. I m doing job and stay apart from last 11 years. Earlier i want to buy my own flats and for that I need funds. My parents told me that they will sold property and give equall part to all 3 brothers. As in our house all decision is make by my elder brothers only. I have initiate to sell property, and got so many buyers but somehow my elder brother refuse them to asking unbelievable price or some other reasons. last year he bought flat for my second number brother. Now, he is saying I have no money and even not ready to talk about sell property. I talked to my parents but they seems helpless against him. Now, I don's understand what to do. it's now matter of 4 years but Their is no decision from my brother. what Step I have to take.
hi,
You have to clarify whether the property is self acquired or Ancestral property(fourth Generation)
If its a self acquired property in the name of your father then he can dispose it off according to his will.
if the property is an Ancestral property then also he can sell the property.
Regards
You have to clarify whether the property is self acquired or Ancestral property(fourth Generation)
If its a self acquired property in the name of your father then he can dispose it off according to his will.
if the property is an Ancestral property then also he can sell the property.
Regards
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Adv. Ramit Sehrawat
Delhi | 400+ Answers
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if the property is in your father's name than he is the absolute owner of the property and he can deal with the property as he likes and no one else (including you and your brothers) has any right in the property till he is alive. If your father makes a Will giving you a share in the property or if he dies without making a Will only then you can file a suit for partition in the said property.
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The property is on the name of your father if he is willing to sell it than your younger brothers' consent is not necessary because till your father alive they & you don't have any shares unless he transfers or have already transfered.
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Adv. Yash Dave
Ahmedabad | 25+ Answers
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