Please advice.
Aijaz Ahmed Munshi
(Querist) 23 December 2015
This query is : Resolved
We are 3 brothers and one sister.we brothers ae married and our sister is not married.we all live in the same house.our house is in the name of our father and our parents had expired few years back.
now the problem is one of my brother is asking for seperation.He wants his share and we are not having that much fund to give his share nor we can sell the house as if we sell, we cannot afford to buy a new house.we brothers are low salaried hence we cannot even take on rent.Our house is of PAGDI system.its not of ownership.
please advice how to get saved from selling the house?
kavksatyanarayana
(Expert) 23 December 2015
Tell your brother in an amicable way not to dispose the property of your parents by taking help of your family and well wishers. still he is pressuring, you (all except that brother) and he (your brother) shall execute a relinquishment deed in favour of all other heirs for a consideration as decided by your family/well wishers. the stamp duty shall be paid on the consideration or market value whichever is higher for his share.
Rajendra K Goyal
(Expert) 24 December 2015
The property is in Pagri system and your father was not the absolute owner of the property.
Try to arrive at the amicable family settlement, legal steps may not fetch desired results.
Devajyoti Barman
(Expert) 25 December 2015
If you are so hard pressed then simply simply refuse to sell the house. Wait thereafter for your brother to file suit for partition.
K.S.Srinivas
(Expert) 29 December 2015
I go with the expert Sri Rajendra K Goyal.
T. Kalaiselvan, Advocate 
(Expert) 03 January 2016
The property never belonged to your father nor it has been inherited by all of you nor it devolves upon your father's legal heirs. However the tenancy rights devolves on all the legal heirs of the deceased tenant. If your brother is creating problem, he may not be able succeed because he cannot claim any share in the pagdi (tenanted) property.
