Younger brother forcing to write the ancestral house to his name.
bhagyashree
(Querist) 05 March 2012
This query is : Resolved
Respected Sir,
I Mr somanath Panda,has started a business in odisha and i have a younger brother.We both are married.My father,when he was alive had purchased a house in Bhubaneshwar and when he has passed now we have planned to sell the house and with that SUM what i personally have decided that:-
1) We can build a small house in village for our old mother to live.
2)Rest of the amount to share between we two brothers so that we can save it for our daughters marriage and all.
But my younger brother is totally denying to sell the house and forcing me to write the house to his name and he will give half of its amount.
Now you think sir,this in future may create a huge misunderstanding and dispute bteween the son-in-laws in future.
So please help me out with any good suggestion.
But for the timing i am thinking of partition.
Thanking you.
Kirti Kar Tripathi
(Expert) 05 March 2012
After the death of your father.You, your brother and your mother are his legal heirs.Therefore, you all have equal share in that property. If you want to dispose this property, the consent of other two member are required. You alone can not dispose. In these circumstance, either you go for partition or sell your share to other legal heir. In case, your younger brother is ready to give the cost of your share, what is harm. No future consequence would arise as after this sell, you and your other legal heirs will have no right in the property.
Deepak Nair
(Expert) 06 March 2012
It is always better transfer the property to your brother than alienating it. If you receive the current market rate for your share ,then what is the harm??
Any way, you cannot dispose off the property on your own as advised by expert Mr.Tripathi.
Adv.R.P.Chugh
(Expert) 06 March 2012
There is no impediment on you selling the property for consideration to any third party. The third party would be in a tough position however if the property/share sold is a dwelling house where you guys are living. The third party i.e the vendee to the half share - won't be able to seek joint possession with your brother, however he can seek partition (Ref. S.44 of the TPA) and then when he goes for partition - your brother would have a right to buy out his share to protect the integrity of ancestral house (S.4 of the Partition Act, 1884) but again that is his headache....to cut the long story short - you can sell to anybody including your brother.
bhagyashree
(Querist) 06 March 2012
@ALL :-
thank you sir... for ur valuable suggestion.. but my brother is well settles and earns good to sustain his life.But i am in a situation where i have to have money for my living.But he is forcing me to write the house to his name,which is against my will.He can get a house for himself after his retirement and his salary is provided in lakhs.But i have many responsibilities as my business has started now.I dont want to make him to be in the benefit side as he will give me only half of the house share according to market rate.I am the looses from all sides.
Guest
(Expert) 06 March 2012
May he be well settled, but as a legal heir he can claim his share in the property, as become legally due.
