Mugundhan B 22 August 2021
G.L.N. Prasad (Retired employee.) 23 August 2021
If there is a written document showing partition and if you have received the share as property as per that settlement deed and possession and enjoyment with such mutation, you are the absolute owner for that property and can deal with it and your brother's permission is not required as per law.
But, unless the averments and stand taken by your brother are known it is very difficult to offer precise guidance. When you have entrusted the case to a competent advocate and he is dealing with the issue in court for the last two years, you can not expect meaningful guidance from an online forum and members can not go through the documents required for giving any advice.
P. Venu (Advocate) 23 August 2021
Was the partition deed duly registered? Has the court granted any stay ordered ay status quo in the pending proceedings?
11.Rajesh Kumar 23 August 2021
Yes sir the partition is properly registered and the court has not issued any stay order on the property sir
P. Venu (Advocate) 23 August 2021
If so, there are no impediments for sale. However, a property under litigation would only fetch lesser value.
Dr J C Vashista (Advocate) 23 August 2021
Even if the settlement was registered your brother has backed out of settlement and filed suit for partition, which you have no option but to contest through a local prudent lawyer.
During pendency of the suit you can not (must not) sell the property.