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Discussion > Civil Law > Settlement deed and problems !   Unanswered Threads Post New Topic

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There are 4 Replies to this message


SIVAGNANAM


INDIVIDUAL
[ Scorecard : 36]
Posted On 18 September 2013 at 12:42 Report Abuse

My father has made a registered settlement deed of 3 different properties to us. We are four brothers.
One brother want to take a prime property for lesser price and emotionally
force others to sell it to him. He threatens that he would not allow to sell the properties
to any one else if his offer is not accepted. His offer to take the property is almost 50%
of the market value. The properties are purchased by my father only. My father is no more now. He just made the
settlement deed to be equally divided by all the brothers.
The properties can not be seperated and no one is willing to part money as they don't have. Selling the properties
and dividing the money is possible. We would like to know can the elder brother hinder the sale of property to any
other third party? Can we sell our share to any third party, if they
are willing to take? Is it possible for my elder brother to obtain a stay order from the court to stop
the sale of properties? What can we do? Kindly reply with any remedy, please.



A.SUMATHY 9380902017


LAWYER
[ Scorecard : 394]
Posted On 18 September 2013 at 20:29 Report Abuse

You have all the rights to sell the property after settlement deed.


T. Kalaiselvan, Advocate


Advocate
[ Scorecard : 26632]
Posted On 18 September 2013 at 22:12 Report Abuse

Mr. Sivagnanam,

If the property is a self acquired property of your father and he has distributed it equally among you brothers through a settlement deed and if the same has been acted upon, i.e., if all you brothers are in possession and enjoyment of your respective share of propertiesseparately and that the revenue records also have been transferred unto the respective names, your brother's threat to obtain stay on you from selling your share of property may be rubbished away and be at peace because your fears donot find place in law.  Further details can be obtained from a lawyer in your local area. Advocate Kalaiselvan, Vellore, Ph: +919443441062


SIVAGNANAM


INDIVIDUAL
[ Scorecard : 36]
Posted On 19 September 2013 at 21:01 Report Abuse

Thank you Ms.Sumathi for your reply. Is it possible for each brother sell their own share of the property to any individual without the co-operation of other brothers?


SIVAGNANAM


INDIVIDUAL
[ Scorecard : 36]
Posted On 19 September 2013 at 21:06 Report Abuse

Dear Mr.Kalaiselvan,

Thank you for your detailed reply. The properties are 3 different which can not be divided as they are land and buildings in it.

Other brothers wanted to dispose off and divide the money, but the elder brother not co-operating as his intention is to grab

the property for lesser price. Is it allowed in law to sell the shares individually to any one of one's option seperately and jointly?



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