Brother doesn’t let me sell factory that is 50/50

Baljit Singh (Querist) 04 September 2023 This query is : Resolved
I father transferred a factory under both of our names in 2010 and my brother is having a full control of this unit since then. He had not pay me any part of rent or other benefits he had Beed collecting from last 13 years. I live in USA and now I need money, I talked to my father and he agreed that I should be able to sell it but my brother is telling me that he won’t vacate the factory. This factory is very small 1350 sqft and has only one entry gate and hence difficult to divide. Is there a way for me to sell this unit?

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A person co-owns a factory with their brother but has received no benefit for 13 years. They wish to sell their share to fund their life in the USA, but their brother refuses to vacate or cooperate. While legal action like a partition suit is an option, it may be time-consuming and costly, potentially requiring physical presence in India despite a Power of Attorney.

T. Kalaiselvan, Advocate (Expert) 04 September 2023
You can file a suit for partition and request the court to bring the property to auction sale if the property is indivisible
Your reluctant brother can be brought to a negotiable platform only if yo take proper legal action through court.

Baljit Singh (Querist) 04 September 2023
Thanks for replying. I agree that I need to take him to court but the Indian court system that I know I am certain that it would probably take me years before I would see it getting resolved and cost me a fortune. Can I initiate a court process even when I am in US or I need to physically go there? This property is in Chandigarh, can someone please suggest a good attorney in Chandigarh?

Sudhir Kumar, Advocate (Expert) 04 September 2023
partition suit,

kavksatyanarayana (Expert) 04 September 2023
You can request your brother through your father to partition the property and then sell your portion. Yes, to go to court, it may take time for a court decree.

T. Kalaiselvan, Advocate (Expert) 06 September 2023
If you want a permanent solution then you may have to approach a legal forum, i.e., court.
It may take years for disposal, but that cannot be avoided, if you want proper relief then you may have to follow the proper procedures.
You can conduct the case through a power of attorney agent also during your absence, you may have to be present before court during deposition of your evidence in the case.

Baljit Singh (Querist) 09 September 2023
I really appreciate everyone reply. I understand it may take yers for this to resolve but since you all are the subject matter expert’s Can you please give me a rough estimate of expected cost if I were to pursue this case?
Also, Would I need to go to India for case hearings even if I assign a Power of Attorney in Punjab?

kavksatyanarayana (Expert) 09 September 2023
The cost depends on the lawyer you are engaged. You can give vakalat to your advocate to attend the court and you may expect 1 or two times to attend the court. You can give POA to your nearest who you believe.

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