Legal Question in Real Estate Law in India
paritition (sale) of property
Dear Sir,
I read some of your answers on Law Guru and wanted to write to you on a specific question. I live in the USA, and have a two bedroom apartment in Bombay inherited jointly with my brother from my father. My brother is very controlling and I would like to either buy out my brother�s 50% share or sell him my 50% share or sell the property to a third party and equally divide the proceeds. My brother will absolutely not co-operate. How can I achieve what I desire.
Also, I have four sisters and my fathers will specifically mentions that my sisters are not entitled to a share of the property. Do they have any rights under the Hindu succession act?
I will very much appreciate you response!
Thanking you,
3 Answers from Attorneys
Re: paritition (sale) of property
You may go in for a suit for partition in the court having jurisdiction; or sell your share if you could find a buyer. Your brother may have a right of preemption if you decide to sell.
Your sisters may or may not have a right, depending on which school of Hindu law are you governed?
Re: paritition (sale) of property
Since you have inherited by way of a WILL of your father, your best bet is to go for probate of WILL so that your right is established by the grant of probate and the objections, if any, from sisters could be duly adjudicated before the court. Once the probate is granted you may dispose off the property in the manner you so desire unless there is any restrictive condition in the WILL
Bhushan Arya
Re: paritition (sale) of property
If the property is selfmade property of your father then he had every right to bequeath the same to any person by way of will etc.To fullfill your desire you have to firstly demand your 50% from your brother and while raising the demand you can also give him your options and if the same is not accepted by your brother then you can ask for partition of the property and you can also file a suit for partition in civil court praying for partition.then it will be upon court to effectuate the partition and other modes like sale etc. and division of sale proceed among you and your brother.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
