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Vishwanath C (xxx)     24 June 2010

House registration: brother living in the house


There is a house plot (with house) registered in the name of my grandfather's brother, who did not 

have any children.  My grandfather, his brother, my father(only son of my grandfather) and our family 

have been living in the plot all along.  Now, my grandfather, his brother, and my father are no more.  

We are three siblings: me, my brother and a sister.  My brother has been living there in the plot all 

along.  He has been paying the municipal property tax - while collecting my share of it  from me.  He 

has been paying the tax for about 14 years and living in the plot.  


Now, I would like to get my share of the plot and register in my name.  Will there be any problem from 

my brother?  In anyway, can he claim the whole property?  Thank you.


 4 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     25 June 2010

well as per hindu succession act you can file partition suit for getting your par of the plot, or by mutual consent of siblings.

Jagan mohan (advocate)     25 June 2010

Dear sir, According to Hindu succession Act you file a case against all for ur share, that means we filed a suit in court for partition of joint family property, because it is an ancestral property we are  all equal to get share in that property.  and we settled out side the court that we are all made family settlement for division of that property.

kranthi (retainer advocate)     25 June 2010

u can file a suit for partition and get ur share, the paying of taxes by ur brother is not at all ahurdle 

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     25 June 2010

family settlement is also considered as okay

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