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Author Topic: Property in the name of two Brothers.  (Read 320 times)

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Offline Kanika

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Property in the name of two Brothers.
« on: March 14, 2016, 04:49:00 AM »
Hello Legal Advisers,

We have a house which is in the name of my Father and his younger brother (i.e. my Uncle). My Father passed away 5 years back in an accident. There is no will created for this property by my father. Legal Papers for this house are with my mother.

My Uncle was living in this house since the beginning but my father shifted with his family in another house sometime back before his death. After that some renovation was done by my uncle on the house without any discussion with my father.

Now we are planning to sell this property. Just wanted to confirm will there be any issues in getting the part of this house inherited by my brothers which was in the name of my father and what process we need to follow.

Thanks and Regards
Kanika

Offline rajgopal sripathi

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Re: Property in the name of two Brothers.
« Reply #1 on: March 14, 2016, 10:03:37 AM »
Hi
The property was in the name of your father and uncle. so it is jointly owned by your father and uncle.
The shares of your father will devolve on his legal heirs(mother, sons and daughters) and likewise the share of your uncle will devolve on his legal heirs (your aunt, cousins etc
For sale of the dwelling house (where your uncle is residing) legally he should agree for you to sell the property to an outsider.
Rajgopal Sripathi
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email:rajgopal@legalwin.in

Offline adv.amarnath

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Re: Property in the name of two Brothers.
« Reply #2 on: March 14, 2016, 11:21:48 AM »
Let me tell you that your uncle is half owner of that property. Now if you intend to sell out your father's undivided share then you have to offer to purchase your's father's undivided share (which has devolved upon your mother, you and your siblings) to your uncle first who is in now possession with certain price. If he refused then you can proceed to sell it out to 3rd party.

Or you can go for deed of partition with your uncle and after that sell it out to 3rd party or file a partition suit.
Regards,

Amarnath Sanyal
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Email - adv.amarnath.sanyal@gmail.com
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