soundararajan (PSE) 21 February 2014

Family property share

With my father 3 brothers are there to share the land property .

Few things I need clarification:

Query 1: My father's elder brother holding the registered document in his name for the ancestral property

Please do let me know As a brother my father is having the share in that land

Query 2: When we are joint family in 1984 we took a tractor loan, my father's elder brother included

all 4 brothers name and his son names including me.

Totally 8 people included in the Encumbrance certificate as claimant.

Would like to understand based on EC we do have the rights to get share form these

property. One of the brother sold part of a land

Please confirm whether can get a stay on these properties to hold them without selling further

and to get proper share on these properties

Thanks in advance,

Soundar

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3 Replies

adv.raghavan (Advocate,9444674980) 22 February 2014

Your statement is not clear, 1,Was he (elder brother) holding back registered document, or it is a registered document in his name. 2, Did your grand father property got partitioned? 3, You said in year 1984 u had gone for a mortgage loan , is it with a bank or with private finance. give us clear and full grounds to update u properly

soundararajan (PSE) 24 February 2014

Sir,

Thanks for your reply.

*Document registered in elder brother's name. Its registered when we are joint family

*Yes we have taken loan from society bank and our names are included in Encumbrance certificate as claimant for those properties

Regards,

Soundar

adv.raghavan (Advocate,9444674980) 24 February 2014

If you grand father had settled the property favg, his elder son, it has become his self acquired property, you cannot contest that, but coming to main issue, regarding property mortgaged with society bank, it will difficult to pass on any comment on, without seeing the documents on what grounds they have made you people claimants.