Legal Question in Civil Rights Law in India

Iam one of the share holders of the joint patta property of my mother's house. house has been occupied by my brother who is also a share holder. How can I vacate him? Can i sell my portion alone? can land abduction case can be filed against him? please reply?


Asked on 3/03/13, 6:51 am

3 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

03.03.2013

Dear Sir / Madam,

Both, you and your brother have an equal right and share in your mother's house.

You cannot ask your brother to vacate, but you too can go and occupy the house.

There will be no buyers for your portion unless the property is properly partitioned.

No land abduction case can be filed against your brother as he also has a share in the house.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 3/03/13, 7:26 am
Sanjay Kalra Sanjay Kalra & Associates

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Answered on 3/03/13, 10:43 pm
Jayesh Desai Jayesh Desai

Both of you are Tenants in Common. Each of you own 50 % undivided share in the property. You need to file a suit for Partition, wherein one of the brothers can buy off the other; to expedite the matter. Strictly being technical, yes legally you can sell your undivided share, but nobody will buy it as he cannot use it.

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Answered on 3/05/13, 10:14 pm


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