suggestions to share a property with some problems
sir,
my family consist of 6 memebers (father- no more; mother 73yrs, sister41 yrs, eldest 39 yrs and elder brother 36 yrs, myself 34 yrs). my father possess 82 cents of property with a house where we were born and brought up. now everybody except eldest brother are married and mother, eldest brother, elder brother and his family (wife and a baby) resides in the house. now we are planning to share the property equally among the siblings. but now we realized that my out of the toatal 82 cents we paid the tax of only 50 cents and the the document of around 25 cents are not yet registered in the name of father and is still in the name of his sister. when we asked her she said she is ready to sign when we will make arrangements of registration. but now we are not in a financial condition to pay the stamp duty (1% of the entire property price) and waiting for the expected decrease in the stamp duty by April 2015.
but the problem is that my eldest brother (not yet married) is not ready to do the partition and he is threatening that with the legal support he will get everybody (mother, brother and his family) out of the home. we dont have any problem to give the house and the portion of the property to him but he is insisting to get the entire property with him. since he is very intelligent and having experts in law and politics as his friends we feel an insecurity regarding this matter.
sir, now my question is that is there any possibilities in the law to do as he threaten us? what can we do to prevent the same and what we can do share the property equally and peacefully. we dont like to file a case against sibling to get the property. but in order to pay a bank loan we are in need of a portion of that property.
yours sincerely
anamika