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A Maria Joseph   20 June 2015

Dispute in sharing the parents property

Sir,

1.    I am an Army person serving in Army since last 24 years. My family ie my wife and children are staying with me and they are also moving alongwith me wherever I being transfered.  My father has expired 15 years back and my mother has expired 02 months before.  We are five brothers and one sister and I am the younger in my family and our parents have no any property except a residential house with a single storied building measuring of  size 38' x 40' in Bangalore (Total 07 portions).

2.     Since many years, my elder brother, 2nd brother and 4th brother have occupied separate portion in the building and my 3rd brother and myself had not occupied any portion in the house since I am serving in Army and the other brother recently discharged from Army and he is staying in rented house near to his mother-in-law's place.  Among the three brothers, two of them had left their portion for lease for a sum of Rs 2.00 lacs and my elder brother alone is residing in the house as earlier.

3.     After the death of my mother ie two months earlier, my brother had spoken with me to sell the house to any one ie a 3rd party who pays more money and myself and my elder brother had refused to do so since that property was earned by our parents with lot of difficulties/struggle. Moreover, my parents were residing in that house since last 60 years and my father was also an Ex-Army.  Keeping these in my mind, myself and my elder brother had refused to sell the property and told them to construct a new house like an Apartments by contributing the expense since the building is very old and we would be getting a separate flat for everyone.  If they are not agreed, we two brothers ie myself and my elder brother would pay the money to those four including my sister at Govt Rate which is presently held in that area.

4.       The proposal has not been agreed by my other three brothers and now they have decided to sell the property to some unknown persons without the knowledge of my elder brother and myself.

5.       In view of above, I request your good self to go through the above problems and give me a good suggestion so that our property would be safe and our parents name will be retained in a high position in that area forever.  Moreover, my other brothers/sister would be getting their share/money suppose to get without involving them in any trouble/untoward happenings.

6.        Apart from above, please inform me :-

           (a) Whether they can sell the property without my consent ?

           (b) It they can sell, what action should I take before they do that ?

           (c) How the house can be shared among everyone ?

           (d) Should the house be demolished before sharing equally ?

7.        I hope, I would be getting good guidelines and suggestions.

With regards,

 



Learning

 1 Replies

Kumar Doab (FIN)     20 June 2015

You have offerred Govt/circle rate. Try by offering market rate.

Famil settlement, relinquinshment deed, can be one of the few options.

 

Or file for partition deed and injunction from court so that proeprty is not sold.

 

Consult a local lawyer with all docs on record.

 

 

 

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