Surendar 06 January 2019

House rights

My father has 4 brothers and only my family is staying alone in grandpa house for more than 25 years. The house is in grandpa's name and he is no more. My father got 3 brothers approval to take home but one brother is asking share. Is there any way to own that house without that person's approval? We are staying for more than 25 years without any break or interruption.

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6 Replies

Shashi Dhara 06 January 2019

U have to insist him to come to compromise because he has right over the property and he can file suit for partition

G.L.N. Prasad (Retired employee.) 06 January 2019

Your father has been occupying the property as a trustee for all legal heirs of your grandparents and not on his own. Negotiate to that brother as he is having a legitimate share on property propose some compromise amount considering your rental value for 25 years, market value etc through elders and other brothers.

Your father cannot claim exclusive rights for the property as he is just one among other legal heirs.

G.L.N. Prasad (Retired employee.) 06 January 2019

Your father cannot claim exclusive rights for the property as he is just one among other legal heirs.

Surendar 06 January 2019

Thank you for the clarification. The house was totally renovated by my father by his own investment since all brothers left. Now, should I give share on current house value or land value?

G.L.N. Prasad (Retired employee.) 06 January 2019

Joint undivided property continues to be joint, unless it is partitioned in metes and bounds. Your father efforts are not material.

Shashi Dhara 06 January 2019

U all sit together and come to compromise with well wishers of Ur family. That brother is stub born or he is greedy. No one bothers about it only law says that he has equal share and entitled for partition.