Brother not willing for partition

Vinod Bachu (Querist) 26 September 2019 This query is : Resolved
Hello, Our parents have purchased a property on three of our siblings names Elder Brother, Sister and Younger Brother. Now, the elder brother has leased the property and taking the rents and not sharing with rest two siblings. And also threatening that the rest two should forget about their share in the property. Can the learned forum Seniors help and guide on how to proceed. Thanks a lot in anticipation.

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Guest (Expert) 26 September 2019
File a Legal Suit for Partition in the concerned Court

Vinod Bachu (Querist) 26 September 2019
Thanks for responding Sir, while I go ahead and file a Partition suite in court, can me and other brother go and ask the tenant directly to distribute the rents?

Isaac Gabriel (Expert) 26 September 2019
Either you should setlle out of court, else you should wait for the verdict.

Message likes : 1 times

Sudhir Kumar, Advocate (Expert) 27 September 2019
suit for partitions as advised above. tenant will also be a party.

Message likes : 1 times

SHIRISH PAWAR, 7738990900 (Expert) 27 September 2019
Dear Vinod,
You have to file partition suit in the court and after court verdict you can direct the tenant about payment of rent.
Regards,

P. Venu (Expert) 27 September 2019
You can seek mesne profits in the suit for partition.

Dr J C Vashista (Expert) 28 September 2019
As per your statement your brother and sister are owners of part of property.
Accordingly there elder brother has no right, claim, interest or title in their share. There is no need to file suit for partition as suggested by experts.
Show the title documents to a local prudent lawyer for appreciation of facts/documents, guidance and proceeding.

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