Sell of property which on the name of my deceased mother

996 votes

if an NOC, release or relinquishment deed can be procured form your brother, it would make it easier to transfer the land. however, if it cannot be, get the property transferred to your names and then sell it. for getting it transferred to your name, you will have to partition the property either yourselves, or if any of the legal representatives of the deceased is unwilling (in this case your drunkard brother), through court by filing a partition suit.

Advocate Kawaljit Singh Bhatia LawRato

609 votes

You can’t sell the property without the consent of your drunken brother.
I would recommend that your brother can do relinquishment deed in favour of any sibling n then u can sell it or else he can do gift deed of his share in favour of his wife n then u can sell it ...plz b in touch ...

Advocate D. Khan LawRato

587 votes

There are two separate aspects of the query you raised.

1. Firstly, in deceased mother’s property you all have equal share if she has died without leaving behind any will or Gift or any other transfer during her lifetime. Irrespective of the fact that your one brother is a drunkard or not, he has his legal share in the property. As per law you all can file a suit for partition before court can get your share separated from your that brother and also can do whatever you wish to do with your share.

2. Secondly your bhabhi/sister-in-law can institute a separate criminal case against your brother for having extra marital affair and also for maintenance and even for domestic violence if he beats her or insults her. She can even proceed with a case of divorce.

Both these cases are two separate nature, viz. civil and criminal. Kindly take proper legal assistance before indulging in any case, as at the end of the day it’s your time and money. So if you want further legal assistance, please feel free to contact us.

Thanks

Advocate Bhawana Pandey LawRato