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sale of property by brother as brother being reluctant to co-operate
12-Aug-2023 (In Property Law)
Religion: Hindu. I purchased one flat in 2012 and it is registered on my name and my younger brother . However all the prices and expenses were paid by me as he was not earning. I am an NRI and staying outside india. One of the main reason for making him co-owner was my faith in him that he will continue to take a good care of our ageing mother who is reluctant to stay with us away from home and relatives in India. After my brothers marriage in 2012 his behaviour and attitude towards my mother and my family has totally changed and he and his wife doesn't want to mingle with us any more. Since then the situation hasn't changed even after repeated attempts by me, our other relatives and family friends. We usually visit home in India once or twice in a year. He and his wife are staying in the same flat and we are like strangers to them. Now since situation is not improving, I wish to sale that property but he is reluctant to co-operate. I would like to know any legal way-out.
you do not have much luxury as u have made him a co-owner of your property howeve, u still have an option to sell your portion of property.
tell your brother that you want to sell your owned part of property and if he doent co-operate then file a partition suit before the district court to get your actual portion of property/flat as the same is still under the purview of undivided property.
tell your brother that you want to sell your owned part of property and if he doent co-operate then file a partition suit before the district court to get your actual portion of property/flat as the same is still under the purview of undivided property.
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Venerated Sir,
I have meticulously perused your grievance and found that your question revolves around sell of your purchased property. I wish to inform that under law you have right to sell your self acquired property which has been purchased by you and also you can transfer such property to your mother name. As you averred in your query that aforesaid property has been purchased by you so it will be easy to sell out such property to other and your brother signature would be required. If he will deny then you can file case under title over such property henceforth you can transfer it to others. Feel free to call me through lawrato.com.
I have meticulously perused your grievance and found that your question revolves around sell of your purchased property. I wish to inform that under law you have right to sell your self acquired property which has been purchased by you and also you can transfer such property to your mother name. As you averred in your query that aforesaid property has been purchased by you so it will be easy to sell out such property to other and your brother signature would be required. If he will deny then you can file case under title over such property henceforth you can transfer it to others. Feel free to call me through lawrato.com.
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Adv. Anil Kumar Singh
Ranchi | 500+ Answers
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If you can prove that all the money for the purchase was paid by you,,technically you can proceed to have the flat in your exclusive name... However, it is tough and long drawn legal battle will have to be fought. it is advisable to have a talk with your brother alone and involve his father-in-law... I dont think you will be able to sell the flat without his consent perse.
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Adv. Ashutosh Anand
Ranchi | 200+ Answers
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