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N K Bajaj (Financial Controller)     12 May 2012

Property rights- clarification

My father constructed one house in good locality of Delhi during 1980. We are three brothers & one sister. All are married and major. I alongwith my younger brother and parents was occupying the house till 1990. Due to bad behaviour of my younger brother & family, I had to shift to other house. My mother died during 1998 and my father died during 2001. There is no will of my father. My younger brother kept on occupying the house till date. When I approached him for the settlement of property, he denied the same and also did not entertain me at the house. I have since filed a case in Delhi Court for the Partition Deed. It has already taken two years and the Lawyer engaged by my elder brother is promising that it would be decided very soon. Now my question is, in case it is decided that I am entitled for 1/4 th share, how it will be implemented. Whether my younger brother will have to vacate the house and it will be sold and share among all four of us can be distributed or how will I get my share.

Thanks 



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     12 May 2012

Dear Mr.Bajaj,

I hope that since partition suits take a long to decide you have in the meanwhile obtained a STAY on the property. 

Once your share is ascertained - the court would effect what is known as de jure partition by way of preliminary decree declaring your share. Then you'd have to move an application for Final Decree i.e partition by metes and bounds, actual physical partition. 

In this you would file an application for appointment of commissioner - who would work out a partition scheme if one agreeable to all is there, otherwise the court would order the selling of property and giving proceeds of the property as per their share to everyone. 

1 Like

sanjay (nil)     15 May 2012

dear sir,

my question is that my grandfather was owner of property and they passed away in 1995. they had three children all were married , elder brother of my father passed away in 1997 and other elder brother is alive .before 5 years of death my grandfather transfer property by GPA to name of my father. 

my father got married two times. after death of my elder mother who had three children, one is elder brother or two sisters then they got married to my Real mother and they let born one (myself) or two my sisters. i live with my parents  but not my elder brother due to his rude behavior. 

finaly my parents took decision to sell the house and partition of share of amount amongest all childrens .

now the situation is arise that my elder brother object to sell the house. he dont wanted to sell the house but my parents not agree with him.

 if my parents sell the house and dived share to all childrens. then we live another house already bought on 2005 by GPA to name of my mother. is there any legal rights of my elder brother remains upon another house named my mother?


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