Sibling is not allowing to sell the property


Hi,

My parents have 2 children (myself and my elder brother)

My parents have a house property. They didn't leave any will.

I have elder brother. (who has 2 kids)

I don't have any kids or wife.

1. After my parents are dead, Do i have right to claim my share from the parent property.?

2. If I want to sell the property and my elder brother opposes the seeling. What to do?

 
Reply   
 

The section 30 of the Indian Succession Act, 1925 explains intestate as- a person is deemed to die intestate in respect of all property of which he has not made a testamentary disposition or in other words, he has left no will.

The law states that if a person dies intestate, the property is divided in equal shares among all the legal heirs. The authority issues a notice, seeking any claims on the property to be distributed among legal heirs, after the death certificate is issued.

Legal heirs can decide among themselves the shares or in case of dispute the court has to adjudicate the matter as per the law.

For instance - If person dies intestate, and leaves behind a wife, a son and a daughter, then his property shall be divided equally between them ie, one third each,

So in your situation, as there's no will your parents property would be divided into equal share between both you as well as your brother.

And last but not the least. You can sell your undivided share in the property to a third person if the said buyer is willing to buy it and get it partitioned at a later date.

Moreover, your brother's consent is not required to sell your share of property.

Hope It Helps

Regards
Kevin M. Paul
 
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Practicing Advocate

Dear Client, You have equal share in the property.

Please Click the Like Button.

Regards,

Adv. Manali Bhalerao

8552800095

 
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