Division of property

Suraj Kumar (Querist) 25 February 2019 This query is : Resolved
Sir,
My mother died on 2017 and left one plot having area 2030 sq. ft. which was purchases in the name of my mother. On 1/3 area of plot I have constructed a house.
My brother is making a house in 2/3 area.

Sir,
Due to transfer I am not living in house made by me. I want to earn from that house by rent.

But whenever any tanent come my brother did not allow to enter in my house.

My father is alive.
How can I sell my house ?
How can I register my house in my name?
How can I rent my property?

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kavksatyanarayana (Expert) 25 February 2019
Did your mother make any will? If she died intestate, your siblings and your father have equal rights over the property of your mother. So you can claim your share legally, if not agreed file partition suit.

Suraj Kumar (Querist) 26 February 2019
Sir,
My mother did not make any will.

KISHAN DUTT KALASKAR (Expert) 26 February 2019
Dear Sir,
If there is no document creating partition of above property then get register a settlement deed or file a suit for partition and then get the property entered in her name. Then you can obtained NOC from your father and brother and sell the property. If they are not consenting to give NOC then get loan silently from the local bank and also lease the property in favour of private parties.

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