Property settlement.
sarada
(Querist) 07 April 2013
This query is : Resolved
We are two sisters and one brother .my father died without writting will.my father has one house.my mother is staying with me.four of us getting equal share in property.now my brother is not talking with anybody in our family members(sister,me and my mother).how can we settle our property to get individual share to every one,how can we file the partition deed ,because my brother is not responding.give me a suggestion.
Nadeem Qureshi
(Expert) 07 April 2013
first of all ttry to settle the matter amicably otherwise file a civil suit for partition before civil court.
Raj Kumar Makkad
(Expert) 07 April 2013
Any of your co-sharers can file the suit for partition in the local civil court with the help of your lawyer. Even you 3 can file jointly against your brother and further proceeding shall proceed. The title documents of the property and the death certificate of your father shall be required for filing the suit.
Anirudh
(Expert) 07 April 2013
First serve a legal notice seeking partition. After expiry of the notice period file a suit for partition.
prabhakar singh
(Expert) 07 April 2013
To ask for partition is a right of a co/or/joint owner.But unfortunately any amicable partition can not take place unless
all agree for it as partition by majority can not be enforced on the minority.
The only true fact is this that when partition is requested but is denied or avoided,it gives a cause of action to enforce the right by a law suit of
partition to be filed in the court
in whose jurisdiction the property situate.
Serving notice asking for partition is not any legal requirement as the parties are legally allowed to go even for oral partition.
It should be presumed that no plaintiff would like to cough out court fees and other expenses and to get hanged for this purpose in courts for years unless it was denied by the defendant.
Then service of notice even if chosen to be given it should refer to an earlier oral call denied.The notice may doubly sure about the cause of action .
R.K Nanda
(Expert) 07 April 2013
no more to add.
basavaraj shiromani
(Expert) 08 April 2013
Issue a demand notice, if the matter is not settled, option is to file a suit for partition by claiming your legitimate share. Please contact your advocate.
Adv k . mahesh
(Expert) 08 April 2013
mediate some other relatives of your family and tell them the situation and then tell them to discuss with your brother and settle the matter this is the only solution because if you go to court how many years it takes no one can tell
