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ranjit (self service)     08 February 2019

Dispute on parental property

Dear Sir,

My father having a property in delhi- we are three bothers only, in the year 2014 we have have made a will that if my father demise the property will be shared equally among three bothers. 

Now my father expired recently and the all documents took away by our elder brother and the said property was locked and no body staying there. Due to me and my younger brother  not staying with my father, so each and every documents was with my elder bother. 

Now my question-  Can my elder bother  sale the property by himself and the whole amount take away by him or how we will stop him do so ?? Please advise

 



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 5 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     09 February 2019

No your Brother has no right to sell the property without your signature. But, if your Father write a Will in favour of your Brother, matter is different. He can sell.

ranjit (self service)     09 February 2019

Sir, Thanks for reply, the will we make in the year 2014 the copy is not with us due to we are not staying at delhi, also we dont know wherether any further will make or not. Can we take true copy of earlier will from Sub Registrar office, we dont have any doucments ???

Shashi Dhara   09 February 2019

U issue legal notice thru advocate.wait what he replies..if he denies u file suit for partition in competent court. So if he has any will or gift is made in favour of he then he will produce it before court.and proves it.

Shashi Dhara   09 February 2019

Don't hesitate to goto court. If u.want justice go to court. I have seen enough people lost every thing who have tried to settle out of court. Some kanji pinji people will come who has no no concern will file Nama to u in Ur fore head.so search amicable advocate who tries promptly to give justice to his client

G.L.N. Prasad (Retired employee.)     11 February 2019

You have not provided full details.  Who has written the will and agreed to share in three equal proportions is not clear.  What sort of understanding was reached whether it was oral or in writing signed by all parties, if so why others have not retained their own copies. However, unless the property is divided in metes and bounds, no legal heir has the legal right to sell.

In case of apprehension, you can issue a legal notice to all other legal heirs  and request for providing your share of the property.  You can also issue such copy to Corporation, with a request not to affect any mutation in their records in any one of the legal heirs name alone, as there are other legal heirs.  Depending on the response of notice, you can file a partition suit in jurisdictional court.


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