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I am facing a Property Law issue in Ahmedabad. Please guide me.


06-May-2023 (In Property Law)
my mom dies without making will...n she has 2 sons n 1 unmarried daughter...n i m the eldest son living seperately....my 1 bro n sis living in my moms housr...now we want to sell that house equally amongst 3 ..bt my bro n sis dont want to....they want to stay there . n want to transfer house on their name...without my concern......without giving us a single penny.....she has gold also wich is withmy sister....so wat r the options with us....can we put stay order....wat r the options plz help
Answers (2)

Answer #1
690 votes
Dear sir,

Since your mother has died intestate (without a will) the property in question belongs to you and your siblings. It shall have to be divided equally amongst all of you.
Your brother and sister have the right to retain their share of the house as much as you have the right to sell your share of it.
You should file a suit for partition of the property but before that send a written offer to your siblings to purchase your share in the house.
You can also seek partition of the gold.
Answer #2
526 votes
The house cannot be on ur sisters and brother name as all three will get equal portion, when they go to transfer the property they have to make pedi naama and give it to transfer it and as in pedi naama they have to mention ur name without that property cannot be transferred.

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