How will the property be divided and what is the procedure to fasten the auction?
Situation : I am a 57 year, 8 months old widow. My husband expired in 2002. My husband has two brothers.
We were residing in a house which is jointly owned by my father-in-law and one of my brother-in-law (Mr. A). My father-in-law expired in 1981 but his name has not been removed from the share certificate of the house. He had made a will according to which the entire property will be divided between the brothers equally. However, my husband died intestate.
How will the flat be divided?
A) The entire property will be divided equally, or
B) 50% of the property will belong to my brother-in-law completely and the other half will be divided as per the will.
Further Mr. A shifted to another flat (solely owned by Mr. A) in 1999 itself. After my husband's death, I along with my daughter also shifted to Mr. A's flat. My other brother-in-law (Mr. B) still stays in the flat. We are not in good terms with him.
Mr. A (although doesn't reside in the concerned property) and B failed to pay the maintenance of the Society because of which the matter went to the Co-operative society court and the order to auction the flat has been passed. However, it has been a year that the auction has not taken place.
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A: Dear Madam,
The situation is in danger. Either of you must pay the arrears of maintenance and save the auction or get it auction and divide the proceeds between you but there is not guarantee that it will fetch a good amount. Or go to appellate authority and file a suit for partition.
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