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Procedure for partition when one brother is not ready


21-Jun-2023 (In Property Law)
Sir/ Madam, Our religion is Hindu. WE ARE 2 SISTER AND 3 Brother . Myself daughter was staying with my MOM DAD before marriage for more than 10 yrs. All very staying separately except myself . After my marriage second day,my 2nd Brother along with one lady it is not in our knowledge whether he got married or not with her staying in our DAD house since 2 yrs.The original documents of the house is with my MOM who is staying with my elder brother.My mother is not stable condition(memory lose)and the property is my father's name and he is no more so now the 2nD brother not ready for vacate the house or nor ready for partitions and he did some part illegal construction without our knowledge. Except my 2nd brother all bro and sis are ready for partition.please advice how to go for with this. Thanks
Answers (2)

Answer #1
991 votes
When all the party in interest of the property agreed then it easy to parition by way of parition deed.but when any among the interested party non agree the file a suit for parition in a civil cour where the land is sitiated and u get the poper relief
Answer #2
527 votes
first, you are file civil suit against the said brother before the appropriate court. who is not ready for partitions. the suit is file in the court local area of the property situation.
secondly, father is live or not? he can file suit against him. but father is not live than you are file a civil suit against the said brother for you share in the said property.

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