Namaste to all Respected Sir, I had posted following query in Property forum but I have not received any response. Hence with great hope I'm posting it here to seek you guidance for such matters.
Please advise for my situation
I have brought a home From X, in 2008, via some known mediator, Agreement for sale and sale deed executed properly, before Sale Deed I had approached SBI for Home Loan even that is sanctioned. There is mother deed also available.
Property details are like this.
- Old paper trails shows that this particular property was brought by X's mother in 1993
- Year 2004, X's Mother had gifted this property "Out of Love and Affection" , Y (1st) Elder Brother and Z 2nd Elder have signed the gift deed (with out any objections) ... and there is NO condition clause mentioned in gift deed. (no daughters)
- 2008 I have purchased this property from Mr.X and clean records no EC.. Please NOTE : Original papers are with Bank only (it is one of the reputed Nationalized Bank) and I'm still paying the EMI.
- it took almost one year to get the (Municipality) mutation done, as Y (1st Elder brother had raised objections to it in front of Municipality commissioner, as he works in Municipality itself).
- During 2009 another objection filed by Y (1st) elder brother's minor childs..
- Comminsioner had given multiple dates to hear both parities, I went there on every date but 1st elder brother had hired a lawer and on those hearing dates neither the laywer or objectioner had appeared
- Finally end of 2009 Commissioner had passed the order to honor my application and do the mutation on my name ..
- Now in 205 Feb, I have started getting court notice , I was out of station and my father couldn't read it, I cross checked with Mr.X he is trying to say ur role is nothing bla bla, i asked what are the details but he is not revealing anything to me...
- Can this forum guide me further on this please..
-- I want to know what all rights I have ?
- How can I find which court, I should check with for petitioner or objections details
- Eventually I realized that proper property division or some kind of agreement among brothers / parition suite is missing ..anyway this is between Mother and Mx.X
- Can I file a harassment case on 1st elder brother and Mr.X too ?
- Do I need hire lawyer ? , can he make me respondent in this case ?
- Should I wait for the judgement ? and take further action ?
- In India typically how much it would take for property dispute ?
- Will Bank play any role in this ? as I'm still paying the EMI ..
