Brother unwilling to partition the property after parents demise
Property is in husband's mother's name. His mom and dad are no more. 5 cents was in his dad's name and 5 in mom's name. Already they gave his brother 5 cents that was in his dad's name. The remaining 5 cents is in his mom's name. Brother wants share in the remaining 5 cents too. There is an LIC housing finance loan on the house on this property. Loan is in his brother's name. He is not repaying the loan and not partitioning the property too. Now LIC is calling my husband saying they'll auction the property. His brother wants us to vacate the house to rent it to pay the loan. But we want to partition as he already cheated a lot
Your husband's mother owned 5 cents of land, while his father owned another 5 cents. His brother already received 5 cents from their father’s share. Now, he is claiming a share in their mother’s 5 cents while refusing partition and not repaying the LIC housing loan, which is in his name. LIC is now threatening to auction the property. His brother wants you to vacate the house to rent it for loan repayment. Since he already received his share, you can legally claim partition and protect your rights. Seek immediate legal assistance to challenge the auction and enforce partition.
After, reading your question your brother is already have the half of property if that property is ancestral property .
You should file a suit for partition for that particular property and as the loan is taken by your brother therefore take a concerned statement from bank and file suit for partition also mention the details of loan in particular suit.
Further more information needed by your side to guide you throughout there feel free to contact on our helpline number.
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