Property and Tenant issue

4 years ago

I am the resident of Ludhiana, Punjab and I am living in my own house in Ludhiana. My father has his own house in Panchkula, Haryana and my father expired in the year 2018. That whole house is under name of three persons – My small brother, my small sister and myself. That house is two storey. On the ground floor my small brother is living, on the first floor tenants are living since about 10 years and on the second floor my small sister is living. So the whole house is under name of three persons and none of the floor is under anybody’s name. My small brother wants ground floor under his name but me and my sister are not agreeing to this. My small brother doesn’t do any work and he doesn’t pay the electricity bill also. The outstanding electricity bill till today is about Rs 80,000/- My small sister and I want to sell that whole house in equal partitions but my small brother is not agreeing to this. My small sister and I do not have good relation with my small brother. One more problem is that the tenants are not evicting from first floor of my father’s house and my small brother is helping the tenants in this case. So my question is Can my small sister and I together sell that whole house legally through court in equal partitions even if the tenants are not evicting my father’s house from first floor and my small brother is not agreeing to it as he wants ground floor under his name?? Please reply as soon as possible. Thanks