How to share the property among brothers

Querist : Anonymous (Querist) 24 November 2009 This query is : Resolved
Hi,
We stay in a house which was registered on both my Father and his brother's name.
They both have equal right to the property.
My Father's brother famaily (Mama / Chittappa)stay in the ground floor and we are staying in the First floor.
We also have second floor which was given for rent.

We do not have good relationship with my Father's brother recently and we used to quarrel each other.

My father decided to sell the propety to outsider so that My father and his brother will get equal share.

But My Father's brother does not want to vaccate or sell the house and they want to divide the floors as a flat system.

My father do not like Flat system since it is a very old house (70 Years Old) and in future we will definitely have quarrel in sharing the common things like water,Electricity etc.,

We want to sell the house to the market rate but my Father's brother want to buy it to the half of the market rate.

They are no way agreeing for a smooth settlement.

Please let me know how to handle this situation.

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Raj Kumar Makkad (Expert) 24 November 2009
File a civil suit for partition before the civil court and an arbitrator shall be appointed in such matter by concerned court and then house can be divided and you can sell frely your own portion without interference of your uncle.

Y V Vishweshwar Rao (Expert) 24 November 2009
I agree with Mr R K Makkad

Your father's brother should purchase your share at reasonable price , otherwise he must allow you to sell the same to others . File Sutit for partition as suggested above !

Querist : Anonymous (Querist) 24 November 2009
Thanks for the reply Mr.Rajkumar.

How the court can forcefully divide the property into two unless and until my uncle willing to agree bcas both the families are still living in that house.

Y V Vishweshwar Rao (Expert) 24 November 2009
The Rights of each party will be declared under Preliminary partition Decree with a direction for appointment of commissiioner to devide the property as per Declared rights/Decree , if the property can not be practically divided by mates and bounds , then the Practical solutions will be worked out /Equities to be worked out / or the commissiner can suggest that the proerty to be sold and sale proceeds can be apportioned between the share holders !

These all are the proceedings in Final decree Petition , after the Suit is decreed and preliminary partition decree is passed !

adv. rajeev ( rajoo ) (Expert) 01 December 2009
I agree with both the answers of learned advocates.

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