Property Dispute
P.C. Joshi
(Querist) 21 April 2009
This query is : Resolved
Dear Experst,
Pls advise me on the following isue.
We are three bros.Eldest brother is a Govt. employes in Uttrakhand and two of us are in Delhi since 1985.In 1987-88, when our father was alive, my eldest brother took our in confidence to buy a land property of abt 2 acre in uttrakhand worth Rs 45000/-, for which fatre also paid some money to him but there is no record for it.Then my brother wrote to us to send money for the purpose of buying the property. Both of us paid around Rs 26000/- during 1988-89 through DD from Delhi.Father has paid around Rs 10000/- and rest by eldest brother himself. Later on the eldest brother bult a house in the land and the entrire land is in his possession. As it was a familiy matter and we had no reason to susspect and foul play. Now the parents have expired. Brother has registered the land in his name and he has no inention to give our share. Pls let us know what remedies do we have.We have only a letter wrtitten by eldest brother.Pls advise what remedy do we have to get our share.
Regards
PCJ
sanjeev murthy desai
(Expert) 21 April 2009
Dear P. C. Joshi,
In your case that property was purchased by Your brother through your family fund. So it is legally joint family property. File a Partition suit against your brother for the share of 1/3 in that property.
sanjeev desai
sanjeev murthy desai
(Expert) 21 April 2009
And also file a injuction application along with said suit for restraining your brother to alinate that property to the others.
sanjeev desai.
Y V Vishweshwar Rao
(Expert) 21 April 2009
You can prove that you are jiont owner and the name of Yoru brother in Proerty docuements will not effect your rights , file a suit for partion and claim your legla share , there are letters form your brother and you paid the amounts under Deeds to purchase the proerty .
With regards !
