Property dispute in family. How can we resolve it?


My mother died 4 years ago and she had a property in her name and she did not make any will. I have 2 sisters and me the elder sister and one brother and father. My father, brother and sisters have no relation with eachother and my brother does not want to settle this matter. I dont want to file a property dispute case against them as it is expensive, time consuming and unreliable approach. Is there any other way?

Answers (3)


300 votes

Property disputes are a common occurrence in India. The obvious solution for most is to drag the matter to courts instead of settling down. However, most people don’t realize that apart from being a tedious and expensive process, courts in no way guarantee a satisfactory resolution. It is, therefore, advisable to opt for a family settlement. Here are some points that will make you understand the concept of settlement better.
 

WHAT IS FAMILY SETTLEMENT?

In a nutshell, a family settlement is an agreement where family members mutually work out how a property should get distributed among themselves. All the parties should be related to each other and have a claim to a share of the disputed property. The latter need not be limited to real estate, but can also cover movable assets like jewellery or money in bank accounts. A family settlement is usually used to settle common property or joint property that the family owns as opposed to individual or self-acquired property.
 

WHY DO YOU NEED A LAWYER?

Sometimes the law and the legal framework can get confusing and difficult to understand, especially when the issue is regarding a dispute related to family property. In such a scenario, one may not realize how to determine the legal issue, the area to which the issue relates to, whether the issue requires going to court and, how the court procedure works. Seeing a lawyer and getting some legal advice can enable you to comprehend your choices and can give you the certainty to enable yourself to determine your legal recourse.

An experienced property attorney can give you expert advice on how to handle your property issue owing to his years of experience in handling such cases. An experienced property lawyer is an expert on the laws and can help you avoid significant mistakes that may cause financial harm or will require future legal proceedings to correct. Thus, by hiring an attorney a person can make sure that he can avoid delay and get your share in the property as quickly as possible.
 

CONSEQUENCES OF NOT ADDRESSING THE ISSUE TIMELY

Property disputes between siblings are a common occurrence in India these days. Legal disputes over property take place across people at different levels in the society, be it households with low-income or wealthy families. Even a will as strong as iron can be challenged by the unhappy beneficiaries and the property can be put to dispute for years unless resolved by the courts. Thus, it is important to deal with the issue as soon as possible with the help of an experienced property lawyer, who can guide you with the case and can help you get your share in the property in an effective and less time-consuming manner.

298 votes

You are partially right, property dispute case may be expensive and a little time consuming but it is reliable.
Because you can settle the matter out of the court only in case all the claimants agree to settle it amicably.

As you said that your brother is unwilling to settle the matter, try to convince him that property has to be partitioned and distributed among all legal heirs someday then why this should not be settled amicably.
Same as try to convince all the family members and persuade them to settle the property matter amicably out of the court.
Daughters also have equal rights in property to that of sons, then your brother cannot legally resist the settlement of this matter, try to put this in his mind.

If your brother or no one agrees to this settlement out of court then approaching to the court will be the only last resort.


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51 votes

Yes, there is alternate way to rederess the dispute.

We can take up the matter to Court monitored and backed mediation for amicably resolving the dispute between your family. It's not a civil suit for partition and does not linger on. Within 1-2 hearings, it gets decided by the court.
Where is the property situated as the jurisdiction of court will send upon the same.

Regards
Raghvendra Singh Raghuvanshi
Advocate- High Court of MP
Indore

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