LawRato

Legal action against brother for not providing share in the property


19-Nov-2023 (In Property Law)
Hi, My father have left a residential house without will. We are 7 legal heirs. 6 siblings and mother. Recently we all came to conclusion and my 3 sisters and mother released property to 3 brothers. Now property is in name of 3 brothers. 1 brother has kept all the original documentation papers and is not providing for construction neither agreeing to sell. He is holding papers without consent of any one. So as per law what action can be taken. Please advice
Answers (4)

Answer #1
776 votes
Hi,
As you said that you all legal heir have come to some settlement and if one of the brother is not coming forward then in this case you can send him a legal notice and file suit for partition getting it in 3 shares. Call us through website for assistance

Answer #2
544 votes
You have to file a suit for partition. You have to make your brothers, sisters and mother as opposite parties(i.e.Defendants). Your mother and sisters should admit in their Written Statement that they have released their respective shares in favour of you and your brothers. It is okay if there is a registered document of release. The court fee will be around Rs.300/ - in AP or Telangana(if you are in joint possession along with your brothers otherwise different court fee has to be paid as directed or adviced by your Advocate according to the Court Fee Act)). You have pay separately Advocate fee as negotiated between you and your Advocate along with expenses of preparation of the case, expenses of filing, expenses for sending notices through court and RPand other miscellaneous expenses.
Answer #3
704 votes
Hi,
This is
M.A RAHEEM KHAN Advocate @ lawrato.com

First immediately filed case against your brother for partition of the property among all three brother equally , mentioned that your mother and 3 sisters released their share, Mother and 3 sisters released property through registered Release deed or not ? if it is registered then no
problem, in this same partition suit you can also filed petition against your brother for injunction to restrain him to interfere in your construction . It is better for you immediately consult to Advocate .
Answer #4
654 votes
you can send legal notice for returning the documents or you can file police complaint against your brother or you can file injunction suit against your brother for returning the documents these three options are available to you.

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."