Legal Question in Landlord & Tenant Law in India

I have 4 brothers and 4 sisters. My father and mother died few years back. All of my sisters are married and well settled. I have one unmarried younger brother and he is 22 years old. We have some property. My father did not make any will. He had made some loan from bank and agriculture societies. We are renewing these loans and not paid fully. My father had not made any will. Now we want to divide property. Three of sisters have no problem and not expecting anything for us. But one of the sisters wants her share. We have no issue in giving her share but she is not co-operating with us. Please advice how to go further. Please let me know is it possible for partition without her involvement, but by giving her share. How much time the legal process likely to take.

Asked on 9/11/13, 9:59 am

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

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11.09.2013

Dear Sir / Madam,

Your first task and objective of all the 8 legal heirs should be to collectively clear off and repay all the loans taken on your deceased father's property and make it liability free, so that you have a clear transferable title. NO, in the absence of your parent's Will, all the legal heirs have an equal right and share in the parent's property. So your sister's views on the partition will have to be taken into consideration. The time this process will take depends on whether some brother or sister is going to take the title of the property in their name, and he / she is going to financially settle all the others at the prevailing market price of the property, or whether the property is going to be sold to a third party and the proceeds are going to be equally divided amongst you all.

Regards,

Answered on 9/11/13, 10:19 am

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