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Cipher   29 May 2024

Property dispute

Hi,

We have a property in Bangalore under my mother's name who expired in 1996.We are five brothers and three sisters. Out of my five brothers, three brothers have expired during corona pandemic and only two are still alive, the eldest (61 years) and the youngest (48 Years) old. Out of the three brothers expired only two have family with one wife and 2 children's each, the third brother did not marry.

I am the youngest daughter in family married with three children's and settled outside.

Now the issue is my eldest brother who is still alive, wants to acquire, the property has made a deal with the windows of my two brothers and given some share to them in the present property, and henceforth they will have no share in the property, whenever in future if it is sold. We three sisters at his mercy now to take whatever the share he has proposed. We three sisters do not want to sell the property either, OfCourse not to our elder brother as he has suggested a very low value as he himself is buying this property compared to market value. Can someone suggest the best approach to solve this issue and all three sisters and my younger brother get equal share in this property.



Learning

 3 Replies

Dr. J C Vashista (Advocate )     29 May 2024

Prima facie it is same query as you have posted earlier at 

https://www.lawyersclubindia.com/forum/property-with-registered-sale-deed-on-minor-229420.asp

T. Kalaiselvan, Advocate (Advocate)     29 May 2024

You can file a suit for partition and separate possession of your share in the property and also file an application seeking injunction to restrain your brother from alienating the property in any manner till disposal of the main suit 

cherylpatton   10 July 2024

In the suit, you can seek the following: Declaration of your respective shares in the property as legal heirs of your mother.


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