LawRato

Father died without will. Land to be sold by sons/daughters.


26-Jul-2023 (In Property Law)
We are three brothers and two sisters. My father died without a will. There is a piece of land in his name. My elder brother earlier told me that the land is in his name but after countering him with some proofs, now he agrees that the land is in our father's name. He wants to sell it as soon as possible and is now willing to give me my 1/5th of the share. Now, there is one another piece of land which is owned by my father, and my elder brother is claiming that it belongs to him. I have raised a condition that only if both the properties are sold or an agreement is made mentioning my rights, only then will I sign. I am now threatened by my brother that if I don't sign, he will file a case against me. He says the other piece of land we will see later, first let us wind this up. 1) Can he file a case against me that I am not cooperating despite all other brothers/sisters ready? 2) Is my condition for signing justified? 3) Can courts direct me to sign if majority heir say so?
Answers (4)

Answer #1
667 votes
no you can claim your objection with your part of property anytime and for every pice of land which belongs to your father since it ancestral now and also your brother cannot file any claim against you or cannot file any case against you and the court will also not pass any order against you
Helpful? LawRato LawRato
Answer #2
656 votes
It’s always better that you file a partition suit for equal division of the estate of your father and take an injunction against your brother so that he can’t sell it off. Don’t rely on assurances as that doesn’t give you any defence.
Helpful? LawRato LawRato
Answer #3
869 votes
You take heirship/ succession certificate from court about you and other siblings alongwith your mother being the legal heirs of your father and communicate the same to builder in writing that compensation with respect to the said shop shall be divided among the legal heirs equally .
Helpful? LawRato LawRato
Answer #4
955 votes
You’ll have to issue a notice to the builder calling upon him to not disburse any compensation without the consent of the legal heirs. Secondly, you’ll have to file a partition suit in High Court as the legal heir and pray for division of property. Only then can your rights be secured.
Helpful? LawRato LawRato

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."