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Ajay Srivastava (Private)     23 September 2013

Property dispute

Hi, need expert's opinion on the following: I have 3 brothers, I being the youngest.  Parents died without leaving behind any will or any such document. We have a house of about 2000 sq. ft where my 3rd number brother lives with his family and he is a civil lawyer. My other two brothers are settled in their own houses elsewhere. The house in question is built in such a manner that it can not be divided into four parts. Myself and my 2nd number brother are willing to sell off the property and all four can have their share. But the one who is living there and is a lawyer, refuses to sell and divide the property. After the death of my father, he refused to get the property in the name of my mother. After her death too, he refuses to have the house registered in all the 4 brothers name. He has even refused to show the original papers of the house. He, now has been able to convince the other 2 brothers not to entertain my request to divide the share of the property. We tried many offers, like if you the three of them do not want to sell the house, all of them could raise the money equalling my share and give it to me and I'll go my way. But they have declined to this too. Now, my question is:

1. How can I get my share of the property which my parents left for all four of us ?

2. What are the options to settle this out of court....because once this goes in court, I doubt even my grandson's son would be able to have any benefit from the property.

Please advice. 

 



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 3 Replies

LLB.ACS Gourav Khatri (COMPANY SECRETARY)     23 September 2013

1. How can I get my share of the property which my parents left for all four of us ? Filing of a Civil Suit for Property. This is a process which may take 2-3 years to settle. 2. What are the options to settle this out of court....because once this goes in court, I doubt even my grandson's son would be able to have any benefit from the property. See, all effort to settle out of court, you already have made so far. However, this is advisable to settle the dispute in the presence of a Senior Lawyer who can in amicable ways redress the issue. Gaurav/ 99587 98 699

Ajay Srivastava (Private)     23 September 2013

Thank you Mr Khatri. But, does it really take 2-3 years for a property dispute to settle in a court of law...???????

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