hello!
i need urgent advice regarding the partition of my ancestral property. plz help. my aunt(bua ji) who was issueless and unmarried and by the way of will had transferred her property ( a house at Patiala) to me and my two younger brothers. my younger brothers possess that house and run a school in it. while i live in chandigarh. my aunt died in 2002. as soon as she died and her will was disclosed our cousins( sons of our chacha who too were our bua ji's nephews) challenged the authenticity of the will. in 2010 we won the case and since then were trying to get the property transfered in the name of us three brothers in municipal records. on 6 july 2012 we got it transferred in our name in the municipal records. but when i went to patiala on 6th of july 2012 to get the TS1 form( certificate of name transfer from the MC) and i also visited that house, i saw my brothers had pulled down a portion of the house measuring 35 ft into 11 ft which is the measurement for a small showroom. i was shocked to see that they had done it without my consent and are trying to dispose it off. there is a clause in the will that says that none of us can sell his share without the consent of the other two brothers. they want to dispose it off in parts. whereas i want a clear cut partition of the property so that all of us can deal with the property in our own way. but they are not agreeing for the partition and their talks show that they don't want me to get my share. is there a way that they can sell any part of the property without my sign? also how can i get them to agree on partition. we have already faced 8 years of litigation and i dont affod a litigation with my brothers. so how can i get them to agree on partition and assure they dont sell any part without my consent? i ahve never even asked for any rent from them for using my share yet they are not interested to let me have my share peacefully.
also there is one more query. as they are using the property for running a school, the house tax is levied as commercial. and they have not paid the tax since 10 years. and till the tax is not paid the property can not be partitioned in 3 equal parts. i have never claimed any thing from the income that comes from the school nor have i used that building commercially. is not there any way that i can legally get my share partitioned without paying the tax because i am being levied tax for nothing and am not able to take my share due to all this? what should i do? i am really confused. plz help me. thanks for ur advice in advance
