Family settlement
Querist :
Anonymous
(Querist) 30 September 2019
This query is : Resolved
Good morning, my father died without any will. My father has a wife , eldest son, four daughters i am the 4th daughter. my father has a self acquired house of 80 sq.yards .My mother is staying with me. All the three sisters and mother willing to sell their share in the house to me with some monetary benefits except my eldest brother. He neither looking after my mother nor willing to give me his share in the house. Still the house is in the name of my father. Please guide how to get the house registered on my name of all shares except my brother's. By leaving his share i.e leaving one room can i get the house registered on my name in sub registrar office. Whether I should apply for sale deed or otherwise any other way. Kindly suggest the best way. Thankyou
SHIRISH PAWAR, 7738990900
(Expert) 01 October 2019
Dear Anonymoub,
Your brother is also one of the legal heirs of your father so you cannot avoid to give him share. Your sisters can give their share to you. You can file partition suit for marking your and your brother's share.
Regards,
P. Venu
(Expert) 01 October 2019
The property is jointly vested with the mother and all the siblings. The other co-owners need to convey their rights in your favour so that you are the sole owner. Try to work out an amicable settlement with the unwilling brother; else, you may approach the civil court under the provisions of the Partition Act.
P. Venu
(Expert) 01 October 2019
The property is jointly vested with the mother and all the siblings. The other co-owners need to convey their rights in your favour so that you are the sole owner. Try to work out an amicable settlement with the unwilling brother; else, you may approach the civil court under the provisions of the Partition Act.
P. Venu
(Expert) 01 October 2019
The property is jointly vested with the mother and all the siblings. The other co-owners need to convey their rights in your favour so that you are the sole owner. Try to work out an amicable settlement with the unwilling brother; else, you may approach the civil court under the provisions of the Partition Act.
P. Venu
(Expert) 01 October 2019
The property is jointly vested with the mother and all the siblings. The other co-owners need to convey their rights in your favour so that you are the sole owner. Try to work out an amicable settlement with the unwilling brother; else, you may approach the civil court under the provisions of the Partition Act.
Dr J C Vashista
(Expert) 02 October 2019
File a suit for partition along with relinquishment, gift or sale deed executed and registered by "willing" LRs of your father.
It would be better to consult a local prudent senior with case file for appreciation of facts & circumstances and guidance. However, if you are located in Delhi and feel so, may contact me (on appointment) at: Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell# 9891152939 email: majjagdish@yahoo.com or visit Vakil-saab.com
