Inherited Property issue with brother what to do

893 votes

You have to file a suit for partition wherein the court will decide the shares of all the parties. In the same suit you can ask for an injunction against your brother that he cannot sell any share of the property or even disturb the peaceful possession of you and your mother. However, final advice would depend on particular facts of the case.

Advocate Mrinmoi Chatterjee LawRato

862 votes

As one of the joint owners of the property, the brother who is living in the house has the right to occupy it, as do you and your other brothers. He can’t be made to leave the home without an exclusion order from the courts, which your other brother would have to apply for. But simply wanting to sell a property isn’t seen as a good reason for granting such an order as it is usually used to remove someone who is physically abusive to another occupant of a jointly owned home.
The brother who wants to sell, on the other hand, does not have the right to sell the whole property without everyone’s agreement.
You cannot be forced to part with your share in the property. You can register a police complaint against your brother for intimidating you to gift him your property. Since he has the original documents in his custody a lawsuit for injunction to restrain him from alienating the property to create third party rights can be filed against him.
talk to your brother and try to solve the problem by roping in some elders to interfere in this and get you some solution.
If this is not working out, yo may issue a legal notice to your brother seeking partition and separate possession of your share in the property.
If there is no reply you may file a partition suit seeking the same relief through court of law.
In that suit itself you an file an application to restrain the defendant from further alienating the property.

Advocate Rishabh Jain LawRato

867 votes

Dear you did not disclose the ownership of property you all have the right in property as per successtion act but you will have to file a suit to get your share partitioned hence need no worry mèet a lawyer with complete detail I am ex IAF thanks

Advocate Bir Singh LawRato