Legal remedy for partition of property if brothers not agreeing
26-May-2023 (In Property Law)
Hello Sir/mam We are 3 sons of my father (Hindu religion) .Our father died without leaving any proper will for the distribution of property. 5 years passed. But now due to some family problems, I want to withdraw my one third share. But my other two brothers don't seem to be interested. Is there any legal way so that I can have my one third share even if other two parties are not interested at all in this?
The simple legal way is to get partition done through Panchnama, with the help of some another members of the extended family or through Panchyat. But if your brothers are not getting ready anyway, you can file partition suit in your District court.
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You can file partition suit in the court of sub judge of your district for carving out your one third share in the suit property left behind by your father. You may also make a claim over any other ancestral property.
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Yes it can be. As per hindu law one can not denied his right to get his share in the ancestral property only because of the fact that other share holders are not interested in it. Contact s good lawyer and file a partition suit
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