Legal Question in Family Law in India
Division/disposal of ancestral porperty
We are six borhters. Our parents died long back. We want either to divide the property or to dispose of the same. I am the eldest and retired and four in employment and the youngest one is with out any source of living. Our fourth brother is not coperating in any of the decissions being taken by other five brothers. We had given him ample opportunity in writing 4-5 letters to attend the discussions with us.
For the willful action of one person others are made to suffer. I think in such a suitation there must be some solution/remedy in the eye of the natural justice.
Hence kindly suggest the way out for the following:
1.If we want to divide the property in his absence.
2.If we want to dispose of the property in his absence.
4 Answers from Attorneys
Re: Division/disposal of ancestral porperty
File a suit for Partition of the Property.
Make the non cooperating brother as a defendant.
Re: Division/disposal of ancestral porperty
Your answers are herein mentioned:
(1) You may contact a local lawyer and file a suit for the Partition of the Property.
(2) In your brothers absence make your brother as a defendant.
In case of need please contact along with the details.
Professional charges are applicable.
Re: Division/disposal of ancestral porperty
Legally the suit for partition of property by making your brother the defendant is the only way.
Re: Division/disposal of ancestral porperty
You will need to file a civil suit in the civil court seeking partition of the property by metes and bounds. you may also seek permission of the court to sell the property and divide the sale proceeds equally; and to deposit the share of one of your brothers in the court.
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