father died without will
Aryan
(Querist) 28 July 2016
This query is : Resolved
We are hindu. Father died without will, my mom 4 sisters and including me one other brother. My brother having possession on our family home . We want to sale that and want our share but he is not agree with it. What should we do ?
Aryan
(Querist) 28 July 2016
To get our share
kavksatyanarayana
(Expert) 28 July 2016
As your died intestate all the legal heirs of your father have equal rights over the property. solve the problem in an amicable way with your well wishers. otherwise file a case for your share by approaching an experienced counsel.
P. Venu
(Expert) 29 July 2016
Yes, try for amicable settlement; else file a partition suit.
P. Venu
(Expert) 29 July 2016
Yes, try for amicable settlement; else file a partition suit.
Devajyoti Barman
(Expert) 29 July 2016
If the brother refuses to part with your due share then filing of partition suit remains only option.
R.K Nanda
(Expert) 29 July 2016
Nothing to add.
Kumar Doab
(Expert) 29 July 2016
Agreed with Experts.
If amicable settlement has failed, approach a very able counsel and file for partition.
Your counsel may opine to share from the enjoyment till date as well.
Aryan
(Querist) 29 July 2016
Dear all thanks for your respond, another query I want to ask, he is refuses to sale property and we don't want to keep any relation with him due to several reasons, either he or we don't ready to talk with each other, so same way filling partition is the only option?? Secondly which kind of lawyer we need to hire bcz we are dependent on mother pension not other income option we have.
Kumar Doab
(Expert) 29 July 2016
If he does not want to sell but all of you (other legal heirs) want to sell then he can offer to buy the share of others.
You can sell your share to him.
If this and anything else is not settled amicably approach a very able counsel specializing in revenue/family/property/civil/such matters.
You have to settle fee etc on your own.
Express your constraints and your lawyer may accommodate as much as possible.
Or approach Distt. legal Authority for free legal aid.
Dr J C Vashista
(Expert) 29 July 2016
You have adequately been advised by experts, which I fully agree. Your brother has 1/7th share and not entire property.
Now it is your call to act or consult a local lawyer.
