Property family dispute
3 months ago
Hello sir, I'm from Vishakapatnam. So my problem is my family has a individual house which is a ground and first floor building in which first floor is ours and the ground floor belongs to my father's sister's. Unfortunately my father passed away 5 years ago and the sister's of my father are forcing us to sell the below Property in which we own a equal share too which is like we are 3 and they both equally own the Property. And the second floor completely belongs to us without their ownership. Now the problem is their threatening to file a lawsuit to sell the Property and forcing and harassing us since long time, what could be the possible outcome of this issue in court? We don't want to sell and they want to sell the ground floor.
A.Dear Client,
It's important to consult with a qualified attorney to get advice tailored to your specific circumstances and local laws. Here are some considerations:
1. Legal Ownership and Shares: If your father passed away, his share of the property would typically be inherited by his legal heirs, which may include you and any other siblings. This ownership would be based on the laws of inheritance in your jurisdiction.
2. Partition of Property: If there is a dispute regarding the property and the co-owners cannot come to an agreement, a common legal remedy is to file for a partition. A partition action seeks to divide the property among the co-owners, and each party receives their share. In some cases, the court may order a sale of the property and distribution of the proceeds.
3. Negotiation and Mediation: Before taking legal action, you may want to explore options for negotiation or mediation. An attempt to reach an amicable resolution through discussions or mediation can sometimes be more beneficial for all parties involved.
4. Legal Assistance: Consult with a real estate attorney in your local area who can provide guidance on the specific laws and procedures applicable to property disputes. They can help you understand your rights, options, and potential outcomes.
5. Documentation: Gather all relevant documents related to the property, including the title deed, will (if any), and documents indicating ownership. This documentation can be crucial in establishing your legal rights.
6. Possession of the Second Floor: If you are the legal owner of the second floor, you have the right to maintain possession. Ensure that your ownership of the second floor is legally established and documented.
7. Seeking a Court Order: If the matter cannot be resolved through negotiation or mediation, one party may decide to file a partition suit in court. The court will then determine the best course of action based on the evidence presented.
It's important to consult with a qualified attorney to get advice tailored to your specific circumstances and local laws. Here are some considerations:
1. Legal Ownership and Shares: If your father passed away, his share of the property would typically be inherited by his legal heirs, which may include you and any other siblings. This ownership would be based on the laws of inheritance in your jurisdiction.
2. Partition of Property: If there is a dispute regarding the property and the co-owners cannot come to an agreement, a common legal remedy is to file for a partition. A partition action seeks to divide the property among the co-owners, and each party receives their share. In some cases, the court may order a sale of the property and distribution of the proceeds.
3. Negotiation and Mediation: Before taking legal action, you may want to explore options for negotiation or mediation. An attempt to reach an amicable resolution through discussions or mediation can sometimes be more beneficial for all parties involved.
4. Legal Assistance: Consult with a real estate attorney in your local area who can provide guidance on the specific laws and procedures applicable to property disputes. They can help you understand your rights, options, and potential outcomes.
5. Documentation: Gather all relevant documents related to the property, including the title deed, will (if any), and documents indicating ownership. This documentation can be crucial in establishing your legal rights.
6. Possession of the Second Floor: If you are the legal owner of the second floor, you have the right to maintain possession. Ensure that your ownership of the second floor is legally established and documented.
7. Seeking a Court Order: If the matter cannot be resolved through negotiation or mediation, one party may decide to file a partition suit in court. The court will then determine the best course of action based on the evidence presented.
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A.Dear Client,
If both floors of the building is a self-acquired property owned by your deceased father who left it intestate, i.e, without any will, then all the surviving legal heirs are entitled to an equal share in the said property. Your father's sister cannot claim its share as a matter of right and even if she is a joint owner of the property she has to obtain NOC from you to sell her share in the property to others. Reach out to an Advocate for guidance and steps.
If both floors of the building is a self-acquired property owned by your deceased father who left it intestate, i.e, without any will, then all the surviving legal heirs are entitled to an equal share in the said property. Your father's sister cannot claim its share as a matter of right and even if she is a joint owner of the property she has to obtain NOC from you to sell her share in the property to others. Reach out to an Advocate for guidance and steps.
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