justhope (owner) 15 April 2012
My father expired without leaving a will. We are two brothers and two sisters who are married. My father has two houses adjacent to eachother, we two brothers are living seperately in these houses and in my portion my brother's eldest son is also living and he refused to move out.
Registry papers of two houses are with my younger brother and he refused to handover to me.
How should i proceed in this matter and transfer of property in my name.
Regards.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 15 April 2012
Dear Querist,
Your remedy lies in filing a suit for partition, on which in absence of a will - 1/4th would be given to each of you. The Court after declaring these shares - would on your application appoint a Local Commissioner to actually partition the property (physically) by metes and bounds in a reasonable manner.
Feel free to talk!
JANAK RAJ VATSA (ADVOCATE) 15 April 2012
dear friend, you should petition to the court for partition of the property since your father died intestate. you will get 1/4th of the share.
Nilesh Agrawal (Lawyer) 15 April 2012
Yes, the advise given by Adv. Bharat is correct, legally you are entitled for 1/4 part of the whole estate of your father, but you can also do one thing, you can either convince your sisters to release their shares so that ou can have full interface of the house you actually own.
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