jointly held flat rights

Dear Audry,

All three (brothers) have equal rights on the flat. 

You have three options available:-

1.  Since the property is a flat, partition cannot be sought before the court and only relief of sale of the flat can be ordered by the court in case of any suit for partition is filed.

2.  It would be best if the three of you sell the flat and share the proceeds equally (or)

3.  In the alternative you may pay some valuable consideration to your brothers in lieu of your two brothers to relinquish/release their share in your favour by way of registered release deed so that you become a full owner of the flat (this option would save the selling of the flat)

Best regards.,,

absolutely agree with Krishna Sir. No better solutions than the one Krishna Sir suggested.

Dear RR Krishna and Darshan Panchal

Thank you, I do agree. 10 years ago, when my mother expired I suggested selling the flat and sharing the proceeds. However the brother (A) after me said we should not sell the flat. (B) the youngest said I should occupy the flat during my lifetime. (I am a lady and will not marry. upon my demise the flat will go back to A & B)

Can I insist on selling the flat, even if one brother(A) does not agree. My name is first on the Share Certificate. Can A and family  forceably come and live with me. I do not like that option.The flat is very small with only one bedroom.

I am ready to take my share and buy another place in the far suburbs if need be.But I do not have enough funds to buy without my 1/3 share.

As suggested by Krishna sir, in case ur brothers not agreeting to selling the flat, the only option is to approach the civil court who will direct the sale of the flat which will be disributed amongst you trio equally. However, u must bear in mind that it is not a fortnight process. Its time consuming and may test ur paience plus legal expenses. The best way out is to sit togather and negotiate.

Thank you Darshan, I agree. I (with my brother B) will try again to talk to my brother A and enslit the help of his children also. I think the fairest option is for brother A to buy the flat from us or for us 3 to sell the flat and share the proceeds. However brother A seems to have some strange idea of all 3 of us and their 2 families occupying a one bedroom flat!!!