Legal Question in Civil Rights Law in India
My father expired and left two flats in delhi in which one belong to co-op housing society under which my mother is a nominee. The matter is that my eldest brother is not willing to sell any house as other legal heirs(me and my mother with middle brother) do. My question is that can we sell our property without consent of our eldest brother, would it become a police case? can he go for a FIR against us?, or as per our equal share, we can sell.
4 Answers from Attorneys
dear client...
Without legal distribution of share yoy can not sell the flat its better to file partition suit and get you share.. then go for sell procedure for detail mail me at [email protected]
Your mother is quasi trustee of the flat, and she is liable to distribute the proceeds thereof equally to all legal heirs. Idelally you should apply for succession certificate and then sell.
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