1) issue legal notice to your brother for division of house
2) if your siblings refuse file suit for partition of division of house by metes and bounds
Father property after his death
Hello I am a 50 years old single man and living in my father's home. My father expired 25 years ago. And my mother 6 years ago. My only brother and only sister lives separatly in their own houses. Because the house I am living is very old and I want it to reconstruct. I want to get it divided so I can construct my own part. But my brother is not supporting and don't talk on this. Actually we all brothers and sisters don't talk from last 10 years. What should I do when he don't talk on this ? What's my right and how I can divide and get my part. Please help and suggest.
Asked 8 years ago in Property Law
Religion: Hindu
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6 Answers
1. If you have verbally divided the house and you are staying in one one part which is settled among your siblings then you can raise constructions therein keeping the share of other bother and sisters intact.
2. Another option is to talk and divide the proeprty amicably by way of deed of mutual partition and then register it.
3. If they do not agree to mutually divide the proeprty then file a suit for partition in court and seek court's order to physically divide the proeprty and demarcate the same as well.
Since there is no consensus on the legal heirs of your father to divide the property the only remedy for you is to file a suit for partition to divide the property. Thereafter, you will be at liberty to reconstruct your own individual share.
Thank You, all of you! But I am expecting More details if you could give. Because I never been in legal Mumbo Jumbo I have so many ifs and buts in my mind. Your support is appreciated. And Sorry for my poor English :) As Mr. Ajay Sethi Ji Says - Q1 -1) Issue legal notice to your brother for the division of the house. - Approx. How Much it will cost if I ask some regular lawyer to do so. Q2 -2) If your siblings refuse, file suit for partition of the division of house by metes and bounds. - It's cost and a rough idea how much time it will take to solve this matter by the court? As it's a simple division land case, I want a rough idea for a time if you can give, please? Q3 - What if he(my brother) don't visit court dates after the above? Q4 - What about our sister? Do we have to make sure from her side before division? I mean do we need some NOC or her legal permission if we are not giving any part to her? Q5 - And what if she wants her share? Will she be treated as a third(regular) partner of land by law? Q6 - If My brother and sister agree to a decision without going court, what is the legal procedure to divide property? Can only a property lawyer complete and ends this case within a month for all documentations? and approx how much he will charge? Q7 - If I offer them(brother n sister) some amount of money and they agrees to give their share to me, What will be the steps/documentations legally? Q8 - What if I want to give my share to someone(after my death) other than my family before solving all the above issue? Is this possible? Your support is appreciated !
Asked 8 years ago
1) issue of legal notice would cost you around Rs 10,000 or so
2) suit for partition would take around 15 years to be disposed of
3) if your brother does attend court you would get an exparte decree
4) sister has to execute relinquishment deed if she does not want any share in property
5)if sister refuses to execute relinquishment deed she would have one third share in property
6) deed of settlement can be arrived at for division of proper by metes and bounds
7) if you offer them consideration then sale deed can be executed by brother / sister for their one third share in property
8) you can bequeath your one third share to whom soever you so desire by will
Actually we all brothers and sisters don't talk from last 10 years. What should I do when he don't talk on this ? What's my right and how I can divide and get my part. Please help and suggest.
Since it is your father's property and he is reported to have died intestate, the property shall devolve equally on all his legal heirs.
Since you three are the legal heirs, each one shall e entitled to 1/3rd share in the property equally.
If there is no mutually agreed or amicable partition among you three, you may initiate a partition suit seeking partition of properties and separate possession of your share in it.
1. The lawyer's fee for issuing notice shall depend on the lawyer whose services you would engage and this is the same situation for all other services of the lawyer.
2. The time taken for disposal of the partition suit cannot be predicted, roughly it may take 5 years or more than that depending on various factors involved in this type of litigation.
3. If your brother is not represented by a lawyer too, then the court may set him exparte
4. She has an equal right in the property, so you cannot deny her share or deprive her rights.
5. She is the co-sharer
6. If they both agree for mutually agreed terms for partition, then you may sit and draft a partition deed on the same therms, get it registered, acquire the possession of your share.
You need not visit court nor even an advocate for this purpose.
7. You can put them into writing in a document and get the same registered.
8. You can execute a will to this effect and get it registered.