Self acquired property
Bilal Aslam
(Querist) 10 June 2014
This query is : Resolved
I bought a house in 1992. At the time of buying I was abroad so I had given power of eternity to my brother to buy in my name. He bought the house in my name but also included his name in dastavez and kabza karar document as mukhtiar and co-owner respectively. I was unware of this till now as I was abroad for around 30 years. My brother along with his family live in my house. There is no room for my family. He also made me make an affidavit giving him 45% of my property. I want to sell my house but he doesnt allow he says he is also the owner and mukhtiar of the house. When I ask him to give my share he says he cant as he doesnt have money. He has power of eternity paper and kabza karar paper and tax bills. I only have dastavez and copy of tax bill and kabza karar document and unstamped copy of power of eternity which i gave him to buy the house.What can I do?
Advocate Ravinder
(Expert) 11 June 2014
---Your brother had mis-utilised your trust and had purchased the property in his name along with third party (who will be his own hench men). Now the damage is happened. You cannot get your property.
The only thing you can do is to to file a case for the sale consideration amount of the sale deed done in 1992. As per the right, duties and liabilities of agent, the agent (your brother) is bound to handover the sale proceeds (sale consideration arising from the sale deed) to the principle (yourself). Otherwise, the principle can recover the same from the agent, by filing a civil case of recovery of money against the agent along with damages, interest and legal expenses.
Simultaneously, you can file an interim application for attachment of the very same property so that your brother cannot sell the same and run away from the scene.
Since the law relating to immovable properties is a complicated subject, you have to engage an experienced and reliable lawyers to contest the case. If you have any doubts you can contact me on my email id ravinder2345@gmail.com.
ajay sethi
(Expert) 11 June 2014
1)revoke power of attorney given to your brother .
2) the property has been purchase in 1992 . you have been grossly negligent . you should have checked property papers as to whether it was purchased in single name or joint names .
3) now he is co owner of the house .
4) file suit for partition , possession of property by metes and bounds .
ABDUL RAZIQUE
(Expert) 11 June 2014
I appreciate advice of Ajay Sethi Sir.
T. Kalaiselvan, Advocate
(Expert) 14 June 2014
You should be lucky and happy that your brother did not register the entire property on his name alone, in fact you should thank him for leaving atleast half share to you on your name. Now it is better that you file a partition suit if he is not agreeing for mutual partition and then go for the sale of your portion of the property.
Bilal Aslam
(Querist) 14 June 2014
I accept it is my negligence I considered him as my father so never questioned. Ravinder Sir he the property is in my name under my name my brother's name is added as mukhtiar.there is no third party.
* Will revoking power of eterny from my brother remove him from my property if not then how will it help and will I be needing him at time of revoking because he will not sign I am sure of it.
Kumar Doab
(Expert) 29 July 2017
Same Query:
http://www.lawyersclubindia.com/experts/Self-acquired-property-477136.asp
Kumar Doab
(Expert) 29 July 2017
It is repeated after 3 years.
Who has been duped; your father or you?
The agent has to maintain the trust of principle.
Kumar Doab
(Expert) 29 July 2017
If father is joint holder then he is eligible to get copies of all paid bills, tax receipts etc from his brother............
If you are joint holder then you are eligible to get copies of all paid bills, tax receipts etc from your brother............
The other owner;father or you as father's representative may approach O/o Authority to get certified copies or pursue RTI route.......
Bilal Aslam
(Querist) 29 July 2017
My father. Both the messages are written by me. 3 years passed nothing happened because my father is not willing to proceed for court cases.
Kumar Doab
(Expert) 29 July 2017
Your father is sole decision maker in his life time.
If he deceases without disposing his share/property (whatever it is) or leaving a Valid WILL for this property ( that might be upto 1/3rd as per extent personal laws applicable to your sect/sub sect ) then you may have some stake/right..................
Kumar Doab
(Expert) 29 July 2017
So far you have not posted any evidence of any fraud etc in your hands......
Bilal Aslam
(Querist) 29 July 2017
Where can I begin posting the evidence?
Kumar Doab
(Expert) 29 July 2017
Your own senior local counsel of unshakable repute and integrity specializing in such/civil matters for a considered opinion..................on merits if any.
