need advice

surabhi sharma (Querist) 31 August 2009 This query is : Resolved
we are three married siblings my father died without any will my brother does not help my mother in any way wants money from her everytime can we three sale that property without him, mother is accute diabitic not in a position to file a case against him wat to do please suggest at earliest

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Guest (Expert) 31 August 2009
Without your brother, you three cannot sell the property in whole. At the most you all can do is to sell your parts (ie., undivided 3/4th share of the property).

If it is feasible to negotiate with your brother, you can pay him his share and ask him to release his share in the property in favour of one of you.

A V Vishal (Expert) 01 September 2009
Mr Siva has suggested rightly you can at the most sell your share but first you need to partition the property and demarcate, who gets what else, pay your brother for his share of property and get it relinquished in your names. But I must say either ways your at the mercy of your brother, since he may create hurdles in settling the matter amicably.

Sarvesh Kumar Sharma Advocate (Expert) 01 September 2009
take help of legal aid commetee of yr district's civil court.

Sarvesh Kumar Sharma Advocate (Expert) 01 September 2009
take help of legal aid commetee of yr district's civil court.no fees taken there!

Jayashree Hariharan (Expert) 01 September 2009
ur brother also has a right over the property, so only three of you cannot do anything. Of course you can partition your property and sell your share.

Adinath@Avinash Patil (Expert) 02 September 2009
I agree with R.siva & vishal

Guest (Expert) 03 September 2009
Please do not forget. Your mother has also got one share. Hence, each one's share is 1/4th. If the brother will not go along with you for selling the property, then suit for partition has to be filed.

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