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Dinesh Salaria (Engineer)     12 February 2010

share in property

ladies and gents

I belong to a hindu family from chandigarh city. my father owns a flat in society at chandigarh and my elder brother was the nominee for the same. 5 years back my father expired during operation and left behiend no will. my elder brother dont want to settle the property between us three brothers and mother . my mother and 3 sons are the only legal hiers of my father. but the brother who is nominee dont want to giv us any share but he still not claimed for property. i check with the society they said the recognise nominee only as per their socity laws and dont entertain any legal hiers.

my question is can the nominee become owner of the flat and remove us from the property or do we have right of equal share in the property of my father. it is to be noted here that all brothers are living in the house and mother too.

is there any way we can make sure that property divided into us brothers and mother.

i want to purchase the flat but he is not agreeing to. is there any way we can solve this dispute as i want to keep this property but they want to sell it but not now may be several years late to make more profit. but in coming years price may go up so much i may be not able to buy it, but my intention to keep it.

my other brother and mother willing to sell me their respected shares and again the elder brother don't want it.

please advice wat i can do to get the shares in name of all family members and if i can buy the share of the elder brother also even if he don't want to sell.

thanks

 



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