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SThe eldest sibling has lived in the house for more than 10 years along with his parents and his family. Their mother passed away 2 years back and father was already long gone, there is no will written on a stamp paper about who the successor is in the property, rather their mother wrote in the handwriting on a paper to distribute a certain few gold and silver items amongst themselves and the property to be distributed equally.
The eldest sibling who is currently living in that house had promised everyone after their mother’s demise that they would vacate the property after a few months, but now after these years, he is blatantly refusing to vacate and saying I will not let anyone sell this property and this property would go in his son’s name and he would have to be killed in order to someone to sell this property.
The eldest sibling now has become grandfather and the baby was born in that house only.
My father has been thinking of sending a notice to all all siblings because they are not trust worthy and he believes that he may get cheated by them because they always form a group and my father doesn’t like having a discussion on this topic because it hurts his feelings that is somewhere attached with his parents.
Also none of the siblings are at good terms with each other and a very long time back, my father’s eldest and youngest siblings were beaten black and blue and dragged on the street of the varanasi, because they were named in the suicide of my Bua’s husband, and I don’t precisely know the exact details.
What is the solution to this to wrap up quick or rather get to a conclusion as we’re in the need of money due to huge loans of my father.
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Mregrettably – there is no quick fix unless all the 3 owners operate together,
the first Action would be to register the property in the name of your father & his siblings. This will also require a discussion on whether the property will be partitioned (only if its practical) or held jointly.
Once the clarity on ownership is in place – you can look to sell your share of the property to either sibling or to a 3rd party. As I said in the beginning – unless everyone cooperates there isn’t much you can do to monetise the asset.
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