Legal Question in Real Estate Law in India
This is kumar from chennai.My father(late, expired) has an ancestral residential property who got/inherited from his father . still the property is in my grand fathers name. My father(late) has 3 son & a daughter whose ages are 80(my first brother ), 62(my second brother), 52 (myself) & 60 (my sister) respectively . 1, my sister (60 age) who got married on the year 1960 also fights for equal shares 2, none of our brothers after our fathers death did partition legally 3, my second brother willing to sell the property but we oppose for this . since we are from orthrodox family we dont want others to buy my second brothers share. in this situation i want to clarify the below things - 1, will my second brother who is willing to sell his share can be able to sell when we other 2 brothers oppose for this? 2, if suppose i itself interested to buy the property , how i can do so ? 3, my sister who got married in the year 1960 has equal share legally or not ? what are the legal steps i need to follow to buy my brothers share in my ancestral property how to make own of my ancestral property legally? please give your valuable advice
1 Answer from Attorneys
The answers are herein below for your perusal:-
1)Yes your brother can sell his share to any one but you can offer him the market price and buy him out for his share.
2) Answer has been given in nos. 1.
3)Your sister has equal share in the property as your father died intestate.