Frank 11 May 2020

Widow wife of sibling refusing to co-operate to dispose-off the flat claiming possession

Sirs, Our father owned one 2-bhk flat in Mumbai. He died intestate in 1971. We are 8-Siblings. 4 brothers (B1, B2, B3 and B4) and 4 sisters (S1, S2, S3 and S4). All married except S4. At present the flat is occupied by widow (W1) of B1 and their daughter (D1) along with S2 (divorcee). The rest of the siblings are living separately. Recently, B1 too died intestate in Feb’20. It was proposed by the siblings to sell the flat and distribute the shares amongst siblings. But W1 + D1 are refusing to co-operate. What are the various remedies available to us siblings?

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Eight siblings inherited a flat from their father who died intestate. The flat is currently occupied by the widow and daughter of one deceased sibling, along with another sister. When the siblings agreed to sell the flat and divide the proceeds, the widow and daughter refused to cooperate. The siblings are seeking legal remedies, including options for an out-of-court settlement, and have been advised to consider filing a suit under the Partition Act.