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enconenergy concepts   17 March 2024

My brother does not want to sign

Hi,

My deseased Father has a plot. My mother(alive), My sister, My elder Brother and me are four legal heirs.  My father has not written any will at the time of death.

Now my mother, me, and sister want to sell the plot to take care of my mother's medical expenses and to take care of other family wedding functions.

During the life of my parents , being a doctor and wealthy son(compared to.me), my brother took care of my parents most of the expenses..in fact i also shared whatever was best posdible to my level. but his contribution was more ) Me and my sister took care of my parents whenever they visit us. My parents used to stay majorly alongwith my doctor brother only.It just happened like this. we never said no to my parents.

At present, my brother is not even talking to any of us including my mother. Past three years, my mother stays with me only, and i started taking care of all her expenses.

Now my brother is  not willing to sign either NOC or not willing to visit registration office to sign,  not willing to give his consent to sell the property (plot), as now a days he felt that, he has been cheated by all of us , so far, as he has spent more money to take care of my parents,(which he spent on his own, without any body's compulsion..)  compared to me and my sister. In fact  he was the most preferred son to my parents , as his doctoral degree was giving them more social respect ,than my engineering degree.  Till the death of my father, my brother wanted their presence with them.(as a social need). after that he slowly withdrew his interest in taking care of my widow mother .

My brother is asking me  ALL the money whatever he has spent more, to my parents till today. Siting this as a reason he doesnot want to offer his consent to sell the plot.

Now what is the solution to sell the plot. ??! My sick  mother is expected to get more medical issues in the very near future, for which i require funds. 

 



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     17 March 2024

You have repeated the same question in another thread to which I have already given my reply.

You can visit that thread for more answers

1 Like

Dr. J C Vashista (Advocate )     18 March 2024

Instead of repitition of same story when you are not satisfied with the obligation of experts on this platform, it is better to consult a local prudent lawyer with relevant records

1 Like

enconenergy concepts   18 March 2024

Dear Sir,

Thank you for the reply. I did not repeate the same story, as becos i did not get satisfied with your support.. As i felt,  that i have to explain the role of my brother in spending more than me ,(whih i forgot to explain ),  in manaining my parents in their life time., i wrote the second thread.Second thread has more in detail than the firstone. 

Let me remove the first one now. 

 

Thank you 

This sis the first time i use this platform , hence i repeated the query twice. 

 

Shashi Dhara   18 March 2024

If your mother is senior citizen let she approch court and take permission to sell it and to use the money for her expenses until her death.

1 Like

KARAN WALIA   18 March 2024

 

The property passes to a person's lawful heirs when they pass away intestate, or without a will. You, your mother, your sister, and your brother are all legitimate heirs to the plot in your situation because your father did not write a testament.

The sale of the property should ideally have the approval of each co-owner. Nonetheless, the other co-owners may pursue legal action if one of them declines to provide permission.

You and the other co-owners, your mother and sister, may launch a partition suit in court if your brother refuses to approve the sale. The property would have to be divided among the co-owners as a result of this legal procedure. It's crucial to remember that this procedure can be expensive and time-consuming.

The court may allow the sale of the property without the approval of all co-owners if it is demonstrated to be the case that one co-owner's refusal is unjustified and is causing hardship for the other co-owners.

Make sure that every correspondence with your brother about his unwillingness to provide consent is recorded. This applies to any correspondence—letters, emails, or otherwise—in which he expressly declines to approve the sale.

1 Like

Real Soul.... (LEGAL)     18 March 2024

You need to make partition of property, the property will bet divided in four eqaul shares and then you can sell it, otherwsie there is no possiblity; however you can mtovate your brother or through socail pressure make him to agree to sell the plot. 

Meanwhile your mother can file application before the magistrate  for maintenance  against your brother under section 125 CrPC.\

It doesn't matter who spend more on your mother's maintenance . 

 


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