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enconenergy concepts   17 March 2024

My brother does not give consent to sell family property

My father has a plot near chennai.He did not write a legal will at the time of death.

Now my mother(widow), Sister, Me are willing to sell the property to take careof my mother's medical needs, and other family needs including my daughter's marriage..

But my brother(eldest in family) is not willing to sell it...he doesnot want to give is NOC also. Being a busy doctor he doesnot find time to come to registrar office for signing also. He says you all sell the plot without my consent, if possible.

Due to family issues my brother does not talk to any of us including my mother

What is the solution for this situation ..? 



Learning

 8 Replies

Shashi Dhara   17 March 2024

Take power of attorney from him and sell it.

1 Like

T. Kalaiselvan, Advocate (Advocate)     17 March 2024

If he is not willing to cooperate for selling the property and refusing to sign a release deed also then you have no option than to file a suit for partition and separate possession of your legitimate share in the property after which you can sell your share in the property without his consent or NOC

1 Like

Advocate Bhartesh goyal (advocate)     18 March 2024

Yes, you have no option except to file suit for partition and claim your share in property thereafter you can sell your share without any consent or NOC of your brother.

Dr. J C Vashista (Advocate )     18 March 2024

Either to sell the property leaving his share or seek partition before finalisation of sale transaction.

I find the query is repeated today itself,  why so ?

enconenergy concepts   18 March 2024

Sir,

 

Thank you . In the first thread i did not explain certain facts about my brother's excess  contribution in maintaining my parents. 

I am using this portal for the firsttime.. not aware of edit option. Hence i started a new thread, given  more details in it . ..

 

Sorry for the mistake i caused 

T. Kalaiselvan, Advocate (Advocate)     18 March 2024

It is alright, but for your information ignorance of law cannot be claimed as an excuse. You could have added the further details in the previous thread itself by a new post  instead of opening a new thread, which is considered as repetition and an irritating aspect

enconenergy concepts   18 March 2024

True.. editing was not possible there is an error in the page . anyway sorry. 

T. Kalaiselvan, Advocate (Advocate)     19 March 2024

Well even here also you can now post your grievances and seek suggestions to overcome your problems. 


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