Partition of father's property among 3 children
I am one of 3 brothers and an OCI. Our parents passed away recently. My Father owned a 3 storey building; each storey is a dwelling in Rajajinagar. We grew up in it. My father also owns about 5 acres of land ; his share of land when my grandpa passed away 》30 years ago. It is located close to bangalore right next to small scale industrial subdivision. My two brothers are only interested in the 3 storey house being sold and share the money. I am not keebe as I have sentimental attachment in the house I grew up in. It is my understanding that one sibling can't force others to sell if the house can be partitioned with 1 storey to each and make the stairs and roof as common area with equal share of the land the house sits on. Then whosoever wants to sell his storey if he wants. Is my understanding correct?
Also my understanding is when partitioning is done all assets of deceased parents (when no will is present) like the house in the city, the land in the village, parents bank balances and the rent currrntly being gained on 2 of the 3 floors etc need to be partitioned in one go. Otherwise each sibling can pick and choose which one he wants partitioned first which may not be what other siblings want; thus creating conflict. Is my understanding correct on that?
One of the brothers has locked a gate on the common stair restricting my access to vacant top floor that is meant for me. He is not allowing my friend to do bathroom renovation on my behalf. He is also receiving rent from the other 2 floors.
What can I do to rectify this the best way. Thanks I am available on whatsapp to call