alekya (house wife) 20 July 2011

property

to the respected sir

my name is alekya,in the year 2009 i lost my husband in an accident in pune then after i am back to my home in hyderabad. i had two children of 2& 7 years .

we had two plots of my father in which one plot is having a loan of worth 40 lacs made by my brother,in other plot my brother made apartments in it which contain 8 flats out which 4 belong to us and other 4 belong to the builder.

now my brother sold three aprtments & in one aprtment he is leaving when i asked him he said that ther are no flats for me and he didnt even cleared the loan on other plot.i am not understanding wat to do, being a houswife becoming hard me to survive please help on this topic

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5 Replies

saroja (nothing) 21 July 2011

Madam,

To get appropriate relief, you must come out with proper documents in suport of your claim,such as how your father acquire the property , is there any will , who are legal heirs etc

Better you contact competent civil advocate along with suporting documents,All the best

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alekya (house wife) 21 July 2011

FIRST OF ALL TANX FOR UR RESPONSE.ACTUALLY MY BROTHER SOLD ALL THE 3 FLATS WITH OUT MY KNOWING WHICH COSTS ROUND ABOUT 1.2CR AND HE IS NOT READY TO CLEAR THE LOAN ON OTHER FLAT.IF I FILE A CASE THEN IS THER A ANY CHANCE OF GETTING A FLAT IN WHICH IS HE IS STAYING.ACTUALLY MY FATHER PASSED AWAY IN THE YEAR 2003.

ACTUALLY WHEN WE ARE IN US HE DIDNT SOLD A SINGLE FEET OF LAND BUT AS SOON AS MY HUSBAND'S DEATH HE SOLD ALL THE PROPERTY.PLEASE HELP ME OUT.

IN ADVACE THANKS TO UR REPLIES

saroja (nothing) 21 July 2011

Madam,

I can understand your pain but dont describe those things here, secondly tunless you explain following details no experts can help you-

1.How your father acquire the property (ex, heriditery,self acquired etc)

2.In What capacity your brother sold the property ? because if he dont have clear title over property no body would buy those flats

3. Whether your father gifted property in his favour or whether your father executed GPA in his favour

K. GOPALAKRISHNAN (ADVOCATE) 22 July 2011

Madam, First of all, I am very much regret of your situation.

Do you have any copy(ies) of the sale deed(s) in the name of your father. In case of availabilty of those papers, Apply for Encumbrance Ceritificates for the same. In the Encumbrance Certificates, you may find the entries, how the properties have been conveyed to the third party(ies) and the mortgage made with the bank, etc., If the same is done by your father, you may not have any other remedy and at the same time if it is done only by your brother, excluding you and your father, it may amounts to illegal transfer, then you may seek remedy from the Civil Court. Kindly keep updated.

Regards

K.Gopalakrishnan.

Bharatkumar (ADVOCATE ) 22 July 2011

Saroja Ji is right. But i think this is your father property and he was the owner of the property and this is self acquared property of your father so your right on these both property as per legal heir of your father. Now If your brothers r not agree with u and not give your right at that time u contact local lawyer with all documents and discuss about your problem then he file a civil suit.