Brother & his family not agreeing for partition

Querist : Anonymous (Querist) 19 July 2024 This query is : Resolved
My brother(cannot hear& speak but understand), his wife(no disability)& children( no disability & 18+) are not agreeing for partition of the property purchased by my father( father is owner and died recently). I tried to divide property by mutual understanding but they are not agreeing because they are getting rent out of it. I approached police, police asked them to come to police station but they are not listening and making excuse of illness( sometimes self sometimes children). They have taken all FD amount of father and applied for disability pension as father was in govt job.
Please suggest what steps can be taken?

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kavksatyanarayana (Expert) 19 July 2024
Whether any other legal heirs are there or not except you and your brother? However, file a partition suit in court.

Querist : Anonymous (Querist) 19 July 2024
No other legal heirs.

Sudhir Kumar, Advocate (Expert) 20 July 2024
you can file sit for partition. you have no other option.

Police has no jurisdiction to divide property.

as far as pension is concerned you have no stake but in case your brother is earning Rs 9000 per month he is not entitled for family pension.

T. Kalaiselvan, Advocate (Expert) 20 July 2024
You are having a right for a share in your deceased father's property who is reported to have died intestate.
You do not have to beg them to give your share neither you can approach police for this because the police cannot interfere in the civil matter.
As advised you may have to file a suit for partition seeking your share in the immovable as well as the movable (FD) properties left behind by your father before a civil court and get the relief.

P. Venu (Expert) 22 July 2024
You and the other legal heirs, if any, have a share in the properties, left intestate, by the deceased father. You have the option to file a suit seeking partition.

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