property dispute

Querist : Anonymous (Querist) 10 March 2011 This query is : Resolved
I am living with my mother in a house with two separate blocks. My brother got separated few years back from us, now he is asking for his share in propery. Mom decided to sell one block and give him one-third of total property, whereas he is demanding for half of total. Our father has not make any will.

Is my mother able to sell one block without his permission and give him one-third?

If my mother refuses to give him any share, is she able to do so.

If there is any share of brother, it should be on basis of property evaluation right now or the time when he got separated?

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A V Vishal (Expert) 10 March 2011
Even if your brother demands half share of property, your mother can (if she wants) resist his move since the property has to be shared between all the legal heirs of your late father. As far as your query is concerned there are three parties and hence the property will devolve 1/3rd to each heir.

Dayananda Gowda (Expert) 10 March 2011
i agree with expert

adv. rajeev ( rajoo ) (Expert) 10 March 2011
each will get equal share. Even if your mother sells the property and in case of partition suit share awarded to her will be adjusted to already sold property

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