Vinod Bachu (Pvt, Service) 20 January 2020

Brother not agreeing for partition

Hello Dear Learned Lawyers,

My parents brought a plot of 325 Sq Yds on our 3 siblings names (2 male and 1 female), now both of my parents have passed away without any will. The eldest of the 3 have rented out the plot and collecting rents and not sharing with rest 2 younger siblings. Also he is denying sharing the plot amongst the 3,

Now, can you please help me on

1. How to get the share of the rent?

2. How to get the plot partitioned amongst 3 of us? Can we approach Sub Registrar officer requesting to have the plot shared into 3 equal parts?

3. Can this be settled out of the court or what type of suite/case to be filed for faster execution of the matter in court?

Thanks a lot in anticipation.

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6 Replies

Real Soul.... (LEGAL) 20 January 2020

Dear you need to file a partition suit.

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(Guest)

The Jointfamily properties shall be devolved upon the death of father/ mother upon the legal heirs if the said jointfamily is not alienated in any manner by way of will etc.

All the legalheris of the deceased are entitled for repsetive share unless there is any agreement to contrary.

To get your legal share, you need to serve a legal notice demanding your extend of share in said property and mesene profits, failing which you shall filed a partition suit.

NOTE: SRO has no jurisdiction / power to share the properties.

Only the court of competent jursidction has the said power.

Regards

Balachander Reddy

Advocate

Hyderabad

9959850723

2 Like

Vinod Bachu (Pvt, Service) 20 January 2020

Thank you sir

Vinod Bachu (Pvt, Service) 20 January 2020

Thank you Sir.

shamataneja (Advocate) 21 January 2020

You will have to apply for partition suit making the yourself as the Plaintiff and other 2 siblings as defendants. In the partition suit you will have to disclose your one-third share. ou will have to disclose the entire story as to when your parents had got the Plot and how one of the sibling got its possession. Another option is to get succession certificate where you can become petitioner i.e who has filed the Petition which will give you title that you are also one of the legal heirs of your parents. The copy of the Petition shall be served upon the other 2 siblings where they can come confront themselves or disclose that they are also equally entitle to the Plot.

Regards

Shama

Vinod Bachu (Pvt, Service) 22 January 2020

Thank you very much for your response, We have a legar heir certified issued by the Govt authorities, where all of our names are mentioned as legal heirs. will this do for proof that we are legally eligible and file petition?