Father's property distribution withheld by 1 sibling

Rajashri (Querist) 05 May 2012 This query is : Resolved
We are 7 brothers and sisters in total. It has been more than 10 years before our father died. We have been settled at different places. However, one of the major properties(a 5 story building) was being used by 2 of my brothers. Also, they both have their shops in that building itself. We all have now decided to sell the building and share the property. One of the two brothers who had been using this, is not agreeing to vacant the shop to allow the further proceedings. Please suggest.

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adv. rajeev ( rajoo ) (Expert) 05 May 2012
if there was no arrangments made by your deceased father in respect of the properties, then you all have equal share in the properties of your father.

Rajashri (Querist) 05 May 2012
Thanks Rajeev Sir,

but how to get my brother to vacant the shop to proceed with the further selling of the property.

We have been trying to convince him to re-locate his shop so that the building can be sold or to purchase our share in the property individually..

However, he is not agreeing to both.

Can you please tell what is the law for this and if we 6 of us decide to file a case, how long would it take to settle this.

Shonee Kapoor (Expert) 06 May 2012
You can demand partition. Other heirs can issue a legal notice to the said brother for the same.

Thereafter you can litigate the matter in the civil court.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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