Legal Question in Real Estate Law in India

Trsty by nomintion to brther

I m trustee to my let brther''s ownership pperty.in my observation it belongs to joint family(earning members-broth&sist)but purchased on let-bro.''s name yr1962.he shifted out to another prpty. standding in name other bro. in 68.1st prpty is in possession of other bros.&sist who contributed in its purchase.-no proof in writing only circumstancial situation. let bro''s heirs not coopting to dispose off&dsrbute %share among so called contributors.As a trustee im incurring loss/investmnt of my money to upkeep the prprty.Q. what are my DUTIES:POWERS;RITESetc. &how to exercise them? Q my i be able to sell the property without their concent&distribute the %share to concern stake holders bassed on my finddings which i have made known by regd.-ad letter/s time &again. KINDLY advise.

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Asked on 4/18/08, 4:57 am

3 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Trsty by nomintion to brther

Your details needs to be examined but at this point of time you alone cannot sell this property.

Please contact personally alongwith the details.

Professional charges are applicable.

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Answered on 4/21/08, 1:32 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Trsty by nomintion to brther

As Executor and Trustee of your brother, you are duty bound to deliver his properties to his heirs.

If you believe that property is not the sole property of your late brother, you can file a suit against the heirs of your brother and prove your claims.

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Answered on 4/19/08, 1:53 am

Re: Trsty by nomintion to brther

No it not a joint property.You can not sell the property on your own.

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Answered on 4/19/08, 4:45 am


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