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Property issue related to family . property consists of 50 sq yds


14-Jun-2023 (In Property Law)
My grandfather died without naming anyone in the 50sq yd property in delhi. The property is still in my grandfathers name. Currently my father and his two brothers live in the property at each floor along with their families. my father lives at second floor . first floor is storeroom and my father's elder brothers live at 3rd and 4th floor.my father's brothers are very bad people every time they disturb us by one reason or the other and behave badly with us. My father told them that to sell the property and divide the amount into equal parts but they refused and said they won't sell and wants us also to live like them. My father has 2 sons and 1 daughter including me and my mother. It is very problematic to live and also how we will live after the marriage of my brother and myself in 50sq yd space. Please help what to do now as they completely refuse to buldge from their decision.
Answers (3)

Answer #1
987 votes
In this case the best option to enter into a partition suit and you can take your share from the proposer by properly dividing it amongst all the brothers as per their share.

Once it us properly divided, then you can sell your share and move to a separate place.

Can be better discussed over phone call.
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Answer #2
864 votes
This is a clear case of partition. If your grandfather died intestate then as per the Hindu succession act, it will devolve upon his class 1 legal heirs equally. So your father and his siblings and if your grandmother is alive, they all will have equal share in it. In order to solve the dispute, you need to file suit for partition and get your share. Further if the property is ancestral property or HUF the division will be different. Kindly share the complete detail to get sane advice from us.

Thanks
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Answer #3
662 votes
Ma'am your father can go ahead and file a case for partition against the other two bothers and the court will either equally divide the property or ask to sell it and settle it in three parts. Please reach to the court with partition case.
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