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Want to sell father's property but brother not agreeing for the same?


06-Jan-2023 (In Property Law)

We are two brothers living with our family in Mumbai. This house belonged to my father who died and mother has also died. I am the younger son. I want to sell this house, but my brother is not ready to sell nor willing to give me my share. What can be done pls. advise.

Answers (3)

Answer #1
772 votes
Suit for partition can be filed by metes n bounds. Or u can ask him to pay ur share, if he wants to retain d house. If d house is not transferred and still in fathers name, still u can file suit for partition seeking your share

Answer #2
687 votes
In that case if partition is done between you and ur Brother thn you can sell your share in ancestral property without your Brother consent ,if partition is not done then cosharer consent is necessary..
Answer #3
650 votes
you need to file a partition suit in the court for the same.Being the legal heir you have all the rights to the property as much as your brother. A partition suit is a civil suit and you need to send a legal notice before that .

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