Partition of Family property
Deepak Gola
(Querist) 07 June 2011
This query is : Resolved
Hello,
We are 6 (six) brothers and 4 (four) sisters of our parents. My mother has expired on 5 years back and fater is about 90 years old.
My fater has around 6,000 square yards residential in his name at our hometown in UP.
We two brothers came in Delhi for study and our elder brothers sold around 200 sqaure land and paid us equally.
After that my elder brother is divided the rest land equally the rest land around 5,800 square yards but the same is still in the name of our father.
Now I am asking to my elder brother to give me the my balance share which around 800, square yards but he is not responding for the same. He is selling the rest propery in parts and buying property in Delhi-NCR in his name. Please suggest me what should I do as my father is not well and he is helpless in that case.
Kindly help me to get my balance property share.
Ravikant Soni
(Expert) 07 June 2011
When the property is in the name of your father then how could your brother has sold the property.
Similarly how could he sell in parts as well?
It's upto your father that to whom he give property. He may make a will dividing property among all his heirs. Else he can give to as his choice.
In his live-hood no one can claim share in his self acquired property.
Ravikant Soni
(Expert) 07 June 2011
You should ask your father not to act in the tune of your brother. You may take help of your other kins.
Ravikant Soni
(Expert) 07 June 2011
It's not a legal problem rather family issue.
Guest
(Expert) 07 June 2011
your brother do not have any right of selling of the property and if is sold by your brother than it will be null and void the sale deed and you will get the share if your father wishes to give you and your other brothers or sisters
sharad raghav - 9990549475
(Expert) 07 June 2011
go ask ur father for the partition of property if he is not in a fit position to do all such things then after taking his consent approach to panchayat.
R.Ramachandran
(Expert) 08 June 2011
Dear Mr. Gola,
You have not indicated whether it is 'ancestral property' or self-acquired property of your father.
Only after knowing this vital information, any further answer could be given to your query.
Deepak Gola
(Querist) 08 June 2011
Dear All,
Thanks a lot for your prompt responses to me query.
This is a ancestral property and my father is not well or in a situation to make proprer equal partiotion of said property between the us. My elder brother has sold out 20% property and when I asked to my father then he said that your elder brother has paid tou your share which was only 10% of the full share. I just want to know that there was no legally/written partition of the said property and my elder brother is taking benifit because earlier he said that he 'll be doing all the things legally but now he is not doing.
My father knows that we (two brother) have taken our share and he is signing on the sale deed all the time when my brother wants to sell the property.
Kindly let us know that can I file sue against my brother to do partition or have the right to stay the selling of property ?
R.Ramachandran
(Expert) 08 June 2011
Dear Mr. Deepak,
If the property is ancestral, neither your father nor your brother on behalf of your father can effect any sale of any portion of the said property without doing the partition.
Therefore, you have no other option, but to immediately ask for partition and if it is not forthcoming, then you should file a suit for partition.
Deepak Gola
(Querist) 08 June 2011
Dear Mr. Ramachandran,
Thank you very much for your valuable suggestion. Can you please let me know process to file a suit for partition. Should I go to my hometown place and hire a lawyer or can file from suit from Delhi. Please also let me kknow that what kind of documents are required from my side ?
Deepak Gola
(Querist) 08 June 2011
Please also let me know that the land sold by my elder brother is valid or not can I sui against the buyer also.
R.Ramachandran
(Expert) 08 June 2011
You have to file the case in the District court which has jurisdiction i.e. under whose jurisdiction the property falls. Yes, you should sue the buyer also. Needless to say, you have to engage a lawyer for this purpose. You can get the suit drafted either in Delhi or in home town. If you get the suit drafted in Delhi, since you are also in Delhi, you can ensure that all the ingredients are incorporated in the Suit. While the main points can be got drafted in Delhi, the formating can be got done at the local level. You can decide as to how to go about the matter. It is your decision.
Deepak Gola
(Querist) 09 June 2011
Dear Mr. Ramachandran,
Thank you very much once again for your kind help to resolve my query.
I am going to my hometown by this week and shall engage with a lawyer to file the suiet in the district court.
