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property of deceased parents left inter-state and which is mortgaged p
03-Apr-2025 (In Property Law)
Three siblings are legal heirs to this mortgaged property. Two siblings want to claim their share. Elder son keeps getting the loan topped up since he is residing there and doesn't want to move out.
As legal heirs, all three siblings have an equal right to the property. If the elder son is unilaterally increasing the loan and refusing to vacate, the other two siblings can file a partition suit in court to claim their rightful share. Additionally, they may challenge the elder son’s unilateral mortgage extension if done without their consent. If an amicable settlement is not possible, legal intervention will be necessary to protect their interests.
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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You need to hire advocate to send him legal notice and to the bank as well! Followed by suit for partition n possession In this regard
Kindly n in touch with us to understand the legalities and other details
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Adv. D. Khan
Delhi | 1000+ Answers
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As the legal heirs you all have equal undivided share in the aforementioned property as your parents died intestate i.e., without a Will. In the present scenario you can send a legal notice to your elder brother in order to decide and the matter amicably. In case he doesn’t agree to the same then you can file a Suit of Partition.
For any further information and discussion please feel free to contact.
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Adv. Jia Kapur
Delhi | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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