we are three brother residing in mothers property two floors constructed , but i dont want to stay there , the option is for two person only , my brother not allowing to vacate the position , am also residing outside what to do

Detailed Legal Analysis

If you wish to vacate your mother’s property where you currently reside with your brothers and are facing resistance from one of them, you can take several legal steps to assert your rights regarding the property.

Under Indian law, particularly the Hindu Succession Act, 1956, if the property was inherited from your mother, all brothers have equal rights to the property. However, if your intention is to vacate and your brother is not allowing you to do so, consider the following steps:

• Discuss with Your Brothers: Attempt a discussion with your brothers to come to a mutual agreement regarding your living situation. Clear communication may help in resolving the issue amicably.
• Legal Ownership Verification: Confirm the legal ownership of the property. If it is solely in your mother’s name and she has passed, it is essential to check if a will was made or if the property is to be divided under intestate succession.
• Partition of Property: If you and your brothers cannot reach an agreement, you may file for a partition of property under Section partition of the Code of Civil Procedure, 1908. This legal process will allow for the division of the property among the heirs.
• Eviction Notice: If you are occupying a part of the property that is legally yours, you may issue a legal notice to your brother, asking him to allow you to vacate or provide a reasonable timeframe to move out.
• Seek Mediation: Engage a mediator to help facilitate a discussion to settle the differences with your brother, which may lead to a peaceful resolution without legal proceedings.
• Legal Action: If all else fails, consider approaching the local civil court where the property is situated. You may file a suit for eviction under the relevant tenancy laws if applicable, or for partition as mentioned earlier.

It is advisable to consult with a lawyer who specializes in property law to understand your rights better and to receive guidance on the appropriate steps to take based on your specific circumstances. They can provide you with legal representation if the situation escalates into litigation.