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There are 3 brothers (2 expired) and 2 sisters. It's a case of joint property in Delhi without a wil
25-Apr-2023 (In Property Law)
There are 3 brothers (2 expired) and 2 sisters. It's a case of joint property in Delhi without a will. Can the plaintiff (alive) suit to sell off the joint property and divide the amount in 3 parts (among brothers) be accepted in the court of law? What if one brother objects to partition/ settlement and doesn't want to sell off the property? The plaintiff is rich and already has another house, but the family objects, doesn't have any other house. Do they have the option of not selling off their floor? The building has 3 floors.
hello client how are you.
as i have read the over all issue . you want to save ur property from been sold . as tye plaintiff in the court is very rich and do not wish to keep the property with him on name of partition . they well off frim family so they just want money from sale of the priperty .been the family member you want yo retain the property and wish to live innthe same property.
in this matter we can help you in retaining the
property instead if saling it of by the court on the name of partition. it can be done with innthe limit of laws only.
Helpful?
Adv. Vishwanath Pratap Singh
Delhi | 1000+ Answers
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No, the plaintiff can not do so. See were the intestate (without will) demise of the owner of a property comes; The whole property is divided among all legal heirs of the deceased person including his wife and daughters too plus if any son or daughter dies it goes in equal part of deceased's person share in his/her legal shares. Thus the joint property has now division in this manner.
The property will be divided in equal 6 parts if the surviving wife is there and if not thete will be equal 5 parts, be divided among all sisters and brothers. And in cade of dead brothers or sisters their part will be distributed among their respective legal heirs.
Helpful?
Adv. Anand Bali
Delhi | 25+ Answers
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