How to partition property when one sibling is not willing?

804 votes

Respected Sir
As per the answer to your query, if the property is a joint family property you can file a suit for partition of property wherein all the other parties/brothers can give their no objection for the partition and accordingly the court can order partition of the property either by dividing the property by metes and bound or by selling the same by calling quotations from various parties or by giving a preferential right to brothers to purchase share of other brothers on market value or as per the consented value of the property and then divide the money equally to all the legal heirs .

Regards

Advocate Harshit Jain LawRato

822 votes

You may file a suit for partition if your brother is not ready for partition then you have to file suit for declaration and partition against all brothers, it is only way to get ancestral or joint property , if any share holder is not willing to partition the property.

Advocate Rajesh Kumar LawRato

690 votes

Under the Hindu law, there are two types of properties: ancestral property and self-acquired property. An ancestral or coparcenary property is one which you inherit from your forefathers, up to four generations. Prior to the 2005 amendment in the Hindu Succession Act, only male members of the family were coparceners but later daughters, too, were entitled to get a share. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where legacy opens upon the death of the owner.
On the contrary, a self-acquired property is any property which is bought by an individual from his own resources or any property he acquired as a part of the division of any ancestral/coparcenary property. This also includes the property obtained through a legal heir or by any testamentary document such as Will or a gift deed.
Can you sell your ancestral property?
The Hindu law states that if you are the head of a Hindu undivided family, you have the powers to manage the family assets under the law. However, this does not give you the absolute, independent and individual ownership of the property because each coparcener has a share, right, title and interest in the property.
But, under some rare circumstances, such as during the time of family distress (legal necessity), or for the sake and the benefit of the family or to carry out some religious work, the common property can be disposed of.
Can you sell your ancestral property as a coparcener?
A coparcener can sell his interest in an ancestral property but he would need his share in the ancestral property. He may file a suit for partition. If a buyer has bought the part of coparcener’s share in the property, he cannot compel him to file the suit. In normal circumstances, the head of the family decides when to dispose of the share to all the coparceners.
The legal remedy
If you have been denied a share in your ancestral property, you can send a legal notice to the erring party. You can also file a suit for partition in the civil court, claiming your share. To ensure that the properties are not sold when the matter is sub-judice, you may seek injunction from the court in the same suit. In case, the property has been sold without your consent, add the buyer as the party in the suit and claim your share in the property.

Advocate Siddhant Sharma LawRato

585 votes

hello client the situation ur telling is really bad i agree but the things and the way your sister is willing is not at good. the way to sell the property is there even in conditions thy ut sister is opposing you property sale there will not be any affect due to your sister objections in sale of property.

Advocate Vishwanath Pratap Singh LawRato

558 votes

In case you think that you have a right, title and interest in the property and opposite party not willing to settle your claim and not giving you your share, than serve legal notice covering your entire claim. Than file a suit seeking your share in the property. engage a good lawyer for your cause. thanks

Advocate Rajinder Pal Singh LawRato