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SIVAGNANAM (INDIVIDUAL)     04 September 2013

Settlement deed

My father has mad a settlement deed of 3 different properties to us. We are four brothers. One brother want to take a prime property for lesser price and emotionally force others to sell it to him. He threatens that he would not allow to sell the properties to any one else if his offer is not accepted. His offer to take the property is almost 50% of the market value. What can we do? Kindly reply with any remedy, please.



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 3 Replies

Advocate Rohit (Advocate)     05 September 2013

if the properties are purchased by your father from his own income then he can do whatever he feels so.

In case, the property is ancestral then the property needs to be divided equally among all the legal heirs. In either case your brother can't do much legally, subject to property is equally divided incase of ancestral property.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

SIVAGNANAM (INDIVIDUAL)     05 September 2013

Dear Advocate,

The properties are purchased by my father only. My father is no more now. He just made the settlement deed to equally divided by all the brothers.

Thank you for your feed. The properties can not be seperated and no one is willing to part money as they don't have.

selling the properties and dividing the money is possible. We would like to know can the elder brother hinder the sale of property to any other third party?

If so, what is the legal remedy?

MDSARAFAT HUSSAIN (PROPRIETOR)     06 September 2013

sir/madam I am MD.SARAFAT HUSSAIN and we are from MUSLIM FAMILY here I a have a question n query too that:- My Grandfather bought property in GUWAHATI (ASSAM). After my GRANDFATHER DEATH the NAAMZAREE N PROPERTY goes to my GRANDMOTHER name before my Grandmother death she had partitioned the land between his Five sons. Recently it came to my knowledge that my 4 UNCLES want to sell the whole property n father too is trying to sell this property before he was not agree but how hee agreed under what circumstances we don't know. My 1wo younger brother 1 Sister along with my mother and myself are against this sail of enherited property of our GRANDFATHER n we have objection on this sell of property how can we stop this,my 4 uncles can sell their part of which they got for that we have no objection but the part of the property which my FATHER got that property part we don't want to sell.. for this PROPERTY my father torchured my MOTHER n saying that if we force him he will LEAVE us n divorced my mother.. at this age of 54..What is the judicial step for this .. 1:Is there anyway any JUDICIAL law by which we can stop our father from selling this property? 2:Do my brother, mother,Sister and myself have a right in this inherited property? So ,I will be very grateful if LAWS EXPERT give my answers n show the right path according with the INDIAN LAW. Regards MD.SARAFAT HUSSAIN CITY-GUWAHATI STATE- ASSAM E.Mail ID- videonics43839@gmail.com sarafat21@yahoo.co.in

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