How can I sell father's property if siblings oppose?

My father's property needs to be sold, and the proceeds shared among the legal heirs. My father is suffering from memory and cognitive issues following a brain surgery. My sister and brother contributed money for his surgery, and they are now collecting interest from his rental income to recover those expenses. The property needs to be sold because my father is unable to maintain it due to his poor mental health, the property is old (built in 1967), and there is an outstanding bank loan on it. However, my two brothers do not want to sell the property. At the same time, they are unwilling to carry out necessary repairs or maintenance. They continue to collect the rent without properly sharing the financial details with the other legal heirs, claiming that our father authorized them to do so. I am a transgender woman and have been living in my father's house for the past few years. Now, my brothers refuse to sell the property, do not want to give me any share from the rental income, and are neglecting the upkeep of the property. My mother, my sister, and I are in favor of selling the house for various reasons. I need your legal and practical advice on how to proceed in this situation.

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Advocate By LEAD INDIA Answered: 16 Jul 2025

If your father cannot manage the property due to mental health issues, you should first send a legal notice to your brothers and sister before taking legal action. You can then file for legal guardianship and seek court approval to sell the house. You may also file a partition suit to divide the property fairly. The court can stop your brothers from misusing the rental income and ensure that all legal heirs receive their fair share. For further legal assistance contact us on our helpline number. 

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