family property settlement dispute

Hi Team,

We have dispute on family partion. My parents have one 3 storeyed house and one 450 sqft comercial property, 4 legal heirs 3 sons and 1 daughter. Parents are no more, even the will is not written how the settlement to happen between the legal hiers.

Now there is dispute to settle the property, difference of opinon coming, one of legal hier is claiming to get the house with low price compared to preveling market rate. I am however not feeling comfortable to give away at same price and currently 3 sons are occupying the house of there respetive rooms or common area.

Now one of legal heir ( 3rd son ) claiming to get the share and theret to take help court of law for settlement. However non of 3 sons are having houses hence occuping the house ( parental property ). 

Need help or advice how the law will eveolve, myself being elder son do not have house, hence occupying the same house. Even dont have money to pay other legal hiers and settle it. Can i get right to stay in same house or will be asked to vacate the house. And weather the property will ordered to be sold in market to get the share for legal heirs. Trying to understand so to plan accordingly on future course.

Thanks and Regards,




File suit for equal partitioning i.e1/4 each


Yes, the only option is to file a suit for partition if no settlement is possible.




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