Procedure if Brother file case for partition of the resident property

I have two sisters and one brother we have one small house in the name of father , father expired 7 years back elder sister married away other younger sister bought a house in her name with 10 lakhs (4 lakhs of her own money and rest 6 lakhs of my father's lying in bank she withdrawn without my concennt since it she has signing authority ) and moved with my mother to her new house . Now my brother says he need money so he wants make partetion of our fathers house where I live now I told you three people have your own houses i don't have my own let me stay here till mothers survival. After that let us decide . Then let us sell the house and devide found equally or i will purchase the same house give you money the value decided by you But my brother not agreeing all it need now otherwise he tells he will throw me out and put a case in court. All I want a advice from you that if my bother files a case then will court ask me to vacate the house immediatel ?

Answers (1)

226 votes

It being dwelling house very small in size, CO sharer has a right of residence and cannot b ousted either by force nor filing of suit in court results in your removal from house. U must contest the suit on ground that partition being impossible, the property may either b sold or the proportionate value as may b assessed by court b offered to b paid by u to retain the entire house. Even otherwise decision in suit and effecting partition is bound to take years together so u need not worry for the present

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