Vikas (job) 18 November 2011

Property dispute between brothers

Dear Sir,

My father is having property dispute (in Uttar Pradesh) with his brothers. My grandfather died without writing any will for property distribution.

My father's brothers are not showing any willingness to resolve the issue with mutual consent. I and my brother are not living in town and working outside that may be one of the issues they do not want to resolve the issue and delaying it further and they keep on troubling my father by creating unnecessary fights.

Below are some of my queries, it would be great if I can get some answers to them:

1. Can we file a court case for distribution of property?

2. how much will be the court fees approximately, will it depends on the value of the property?

3. Generally how much time court takes to resolve these kinds of issues?

Thanks

Vikas

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2 Replies

Advocate Vishnu (Advocate) 18 November 2011

Dear Vikas,

If your grandfather has 3 legal heirs then each heir is entitled to 1/3 of the property.

Answers to your query.

1.Yes,Your father can file a suit for partition amongst his brothers to get his rightful share in the property.

2.The court fee depends on the value of the property

3. The suit may be disposed within 3 years if all goes well.

naveen (dd) 27 March 2014

i have a property jointly owned by me my mother and my brother. the joint share of my mother and i is 70%. i and my mother want to sell the property but my brother is not. what possible legal solution we have?

one more thing say property on papers is of 50lacs but actual value is 1.5 crores. then will court consider the price of property as 50lac or 1.5 crores.