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tanmoy   04 July 2015

Property problem between brothers

Hello, Please help me as soon as possible. :(

Please pardon me for the lengthy post. It need to be described in detail to be understood.

 

My father had a shop at our hometown which is in his name. A my father used to be out of country for months for job purpose he decided to give the shop to my uncle  (my father's younger brother)  just for maintenance and all (as my uncle was unemployed) . But the shop still belongs to my father. Uncle was just the attendee.

 

Then Approx 30 years ago my father bought a land(around 2160sq ft) at out home town and he put his, my mother's and my uncle's name on it. After that my father bought another 2880sq ft adjoining land of the older one. This time my father only put his and my uncle's name on it.This whole land was bought for residential purpose. My father built the house himself on the first 2160sq ft land and the rest 2880sq ft remains vacant.

 

For last 25 so years everything was going good. Then the bad thing started to happen

 

My uncle (god knows how) converted the name of the shop into his name. And started to demand portion of the our residential land. My father asked for the shop but uncle said he only can  give 80000 to my father for the shop which is way way lesser than the original value of the shop.So my father denied to share the residential plot with him and the quarrel or the dispute keep hanging for years.

 

Now we and my uncle are living in the same residential building but separately.He haven't shared the shop as well.

 

This was 8 years ago i think.Now we want to solve the problem.My father said to uncle that he don't have to give the shop or the money for shop and asked to get separated with his portion of the land as well(my father is willing to give him his share).But the new drama my uncle is creating that he will not take the vacant part of the land.He need the already built up plot. And we(my father) have to bare all the legal charges, land registration charges and all.

 

We don't have enough money to build another house, and why should we build one when the existing one was completely built by my father.

 

The quarrel continues.


So what are the options to us.How can we solve it.

 

1.Is it possible to transfer the name of the owner of the shop to someone else without informing the owner itself?

2.If we file a suit what are the consequences?

3.If we file a suite how long it's going to take to solve the matter?

4.If we mutually divide the property who should bare the legal fees?

5.If we mutually divide the property how it's going to get valuated? as there is a building which is completely built by my father.And my uncle's name is on the land only,he haven't help to build the building at all.



Learning

 1 Replies

saravanan s (legal advisor)     05 July 2015

1.since you have said that he had transfered the shop to his name illegally he might try to sell the shop to some third person.you file a suit for declaration of title and posession and also obtain an injunction over your uncle to prevent him from selling the shop

the 2160 sqft land along with the house *though your father built it has to be equally shared between your father,uncle and your mother

the other plot has to be shared equally etween father and uncle


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