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Want to sell house but one brother living in it doesnt want to sell


27-Nov-2023 (In Property Law)
We are 3 children of our parents. My father who owned an apartment in Delhi died and gave it to his wife. We have the relinquishment deed. My mother died in Oct 2017 and said in her will that the property should be sold after her death and be equally divided between her 3 children. My oldest brother and his wife are living there and they have no intention of selling it. My brother doesnt have any income and his wife is making very little money in a factory. Their daughter is married and living closeby. M other brother is living in the US and wants to sell the house. I would also like to have my share but do not wish to drag my oldest brother in court for long time or cause any harm to him. What is the procedure and how long will it take? What if my brother does not vacate the house? He makes the buyers also go away I think. How much would it cost us? I am unemployed and living in Canada. 
Answers (3)

Answer #1
975 votes
As per my understanding we can definitely find out a solution which everybody is comfortable with... The matter can be settled amicably.... If not sort out then we can issue a Legal notice not a threatening one but in a friendly manner.. Contact me for more details....
Answer #2
895 votes
Try to mediate things with your brother and settle the matter accordingly. If this does'nt work then you will have to file a suit for partition before the competent court and claim your 1/3rd(each) share in the property. Along with the same you will have to file an application for interim injunction so that no 3rd party rights are created in the property.
Answer #3
713 votes
Hello client
I have read Ur question .pls specify the value of property which was left by Ur mother and father.as per the will of Ur mother is concern then in that matter you are able to get it executed by the help of the court as well as by the help of advocate mediation process as well. The cost of the overall matter can only be told after reading the will as well as the over all valuation of the property.

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