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How to claim share in property?
25-Jul-2023 (In Property Law)
our family house reg. I got the official regd release deed from all my 9 brothers except one. He dont want to give me release.He goes legal for his share about 320 sqft. But without this 320sqft my all other parts are unworth. Can i got this piece through court.
Sir,
As per your words i came to understand that, you and 8 others of your family gave release of their share to you except one of your brothers, right?, no you cannot compel that brother to release his share in your favor even through court.
As per your words i came to understand that, you and 8 others of your family gave release of their share to you except one of your brothers, right?, no you cannot compel that brother to release his share in your favor even through court.
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Adv. B. Thirunavukkarasu
Chennai | 100+ Answers
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Your query is fully understandable. Your concern for the 320 sq.ft., of undivided share of land with house is logical and reasonable. This case in not peculiar and you can find similar such cases decided by the Supreme Court and Different High Courts. If in case your brother chosen to file a case claiming his stake, the court will always consider the matter without prejudice to both the parities and it will also look what is reasonable for the circumstance of the case. To show your bonofide intention you must show your readiness to compensate your brother monetarily when he chooses to file a legal case for partition. By doing so, you can prove your bonafide intention of retaining the property (along with your brother share) without prejudicing to your brother and yourself.
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Adv. GP Vijay
Chennai | 200+ Answers
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A partition suit has to be filed and you must later move to deposit the value of the 320 sq. ft. in the court. But otherwise, it is impossible to enforce him to sell the property.
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Yes. You can move the Court for partitioning the property for having obtained all the major shares. So the one brother who refused to give the share either should receive the consideration or else he has to forego 320 sq.ft. of the same.
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