Partiton of property

After the death of your father in law and mother in law leaving behind no Will, your wife and her four sisters and one brother are co-owner in the said apartments. Your brother in law has 1/6th share in all the apartments and your sisters in law and wife are owner of 5/6th share.  Now, it is up to the sisters in law and wife  whether they want to give their share to their brother or not.  If not, your brother in law cannot get more than what he is legally entitled for i.e. 1/6th share in each apartment. 

However, there are some queries which are yet to be furnished by you:-

1. What is the status  of the apartment.   In whose possession apartments are.  Whether they self occupied or rented.?

2. What is the market value of each apartment.

3. What is the view of your wife and four sister in laws regarding the properties.

On receipt of above information, what necessary steps need to be taken can be advised.

thanks Dalip Singh ji(advocate) for response.

4 out of 6 apartments are rented out. 2 are vacant.

keys of 2 vacant apartments are with brother.

Market value of each apartment is 90 lacs.

We, 5 sisters, are not willing to surrender our share in property.

Brother is collecting rent from 4 tenants in cash without giving receipt to them.

He may be in process of renting out 2 vacant apartments.

Need complete guidance.

VK Aggarwal

First of all, you all 5 sisters give a notice to the tenants of 4 properties stating that after the death of your mother you are the owner of 5/6th share. Say, that your brother is entitled only for 1/6th share.  In future, pay 5/6th share payment of rent to you 5 sisters and 1/6th share to your brother only.

However, you 5 sisters file a suit for partition, permanent injunction and possession against you brother and take stay for collecting rent from 4 properties and rented out the other two properties. You may contact over my mobile 9810197092.

since she died intestate all her children are eligible for equal share and a womens property is her absolute property even if she happens to get it from her husband,file for a suit for partition and send a notice to the tenants asking them to vacate the premises as you had become coowners of the premises after your mil demise