sanjay 26 December 2015

division of property

We have a house measuring 300 yds in the name of my father,and he died in 2003 without making will. We are five brothers and mother and possession is with 2 brother and mother,me residing outside. One of the brother leave his share in the name of other four . So mother and three brother has share of 62.5 yds and one brother has 50 yds share. The one who has 50 yds share reside adjacent to this property and want to purchase the same ,he is not in possession of 300 yds house. He wants to purchase at throwaway price. How can I protect my interest? I want to HV possession of my share. What would be the time frame if I decide to file legal suit?

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Ompal Aggarwal (Advocate) 26 December 2015

Property left inestate by ur father would be divided equally ie each get 50yds. One brother leaves his shares in favour of remaing 4 brothers. It means remaing 4 brothers shares would enhanced by 12.5 yds ie 4 brothers shares would be 62.5 yds each n mothers shares would be 50 yds. If the plot is such that it is divisible properly than it depends on u to sale it or not. better to consult ur lawyers before taking any decison