Property matter -father expired without will
2 years ago
Our father expired without will. We are 2 brothers and 2 sisters. We have family settlement and relinquishment deed . As per family settlement it is written that ground floor belongs to me and first floor of same property belongs to my elder brother. Both sisters relinquish their share in property in the favour of 2 brothers me and my elder brother. And gave single relinquishment deed in favour of both brothers.
Relinquishment deed is registered but family settlement is not registered.
Can I sell ground floor to outsider or anyone without in knowledge or consent of my elder brother based on unregistered family settlement?
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.As you are going to sell your undivided share in that property to stranger purchaser, then you can sale it without knowledge and consent of your elder brother but that stranger purchaser shall not be entitled to reside in that undivided portion of that dwelling house because to reside therein he has to file Partition Suit against your elder brother.
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