Dispute relating to Ancestral Property
Querist :
Anonymous
(Querist) 12 March 2011
This query is : Resolved
Dear Sirs.
I would begin with introducing myself. I am Acharya , ex govt employee, retired and living in west delhi.
Sir, my grievance is as follow
We are two brothers and one sister, my sister being the eldest one (divorcee and living with us) and a younger brother doing metal business in east Delhi
Sir we have a ancestral property in west Delhi, for which we 3 are legal heirs. Since I was with government service I was living in the government accommodation till this time, Now retired, I resorted to go back to my ancestral property along with my family and elder sister.
Now the trouble is that my younger brother living with his family in that place and is not willing to vacate the place for reconstruction, we have tried all our best effort but he is simply not interested in cooperating with us.
Our mother died long back without leaving a will, as to who is the owner of the property, hence making all of us equal share holders.
Now, I and my sister have decided to get rid of the property by selling it off, as there is no point in leaving with a shrewd person like him.
Can you please guide us as to what will be the best way out to handle such situation; we don’t want to get into any trouble neither wants him to land in some kind of trouble.
Thanks for taking out time for reading my post. Hope to hear a resolution from you.
Chanchal Nag Chowdhury
(Expert) 13 March 2011
1st.,fix the price for your share & ask your brother to buy it. If he fails, sell your undivided share to outsiders.
Jitendar Kumar gupta
(Expert) 13 March 2011
you have not mentioned that whether you or your sister in the possession in the property. if you are in the possession then you have to file suit in the court for partition and then you can negotiate with your brother. If you want to know more then you can consult us at 9868529732.
Thanks
Jiten Gupta
Uma parameswaran
(Expert) 14 March 2011
I am thinking it is a undivided Ancestral Property.You can take steps for partition the property. Send a legal notice to your brother.If he is not willing for partition you can file a suit before Court for partition.
