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What to do if brothers do not agree for selling the house?


20-Jan-2023 (In Property Law)
My husband has two brother, they have one plot and one flat My father in law is no more.now all they decide to sell the plot and divide money in 4 equal parts including mother. But the elder brother of my hubby start construction in flat without asking my hubby and younger brother. We known this from third person and my hubby and his younger brother want to sell that flat due to money problem . What to do in this situation . And if my mother in law shift in that constructed plot then that plot will be fully of elder brother, then how will divide flat if we sell flat
Answers (3)

Answer #1
941 votes
Before giving any advice it is important to know certain things For eg:- the property is ancestral or self acquired. Was there any will of deceased father. If there is a will then all legal heirs will have to abide according to the will after probating the will. If there is no will then mother is the decision maker and most importantly at present the property is in whose name If the property is still in the name of deceased father then first the process of name transfer has to be done and then only you will be able to sell the property
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Advocate Iram Sayed

Adv. Iram Sayed

LawRato Mumbai | 25+ Answers
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Answer #2
721 votes
File a partition suit in the court. All the property will be partitioned amongst all of you. After partition you can sell your partitioned part to any outsider. Also prepare a chart for the court to consider the partition by metes and bounds.
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Advocate Santosh Adukia

Adv. Santosh Adukia

LawRatoMumbai | 25+ Answers
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Answer #3
968 votes
As per your query Your husband needs to file a suit for partition of the property and ask for his share in the property or share in the sale amount of the said flat/plot. Simultaneously your husband needs to obtain stay from the appropriate court of law on the sale of the flat/plot solely by his elder brother without making your husband a party to the sale deed. Regards
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Advocate Neelkanth Goswami

Adv. Neelkanth Goswami

LawRatoThane | 400+ Answers
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