Joint flat property dispute
Nagendra
(Querist) 19 September 2012
This query is : Resolved
Hello Friends,
dispute for flat. between a elder son , father and younger son,
Two separate falt was purchased by two brothers in one Building on the same floor side by side, since the elder son was leaving with the father, Builder put fathers name in the flat as the second person, father did not paid any amount for the purchase of the flat, Also he dont have any kind of payment receipt.
joint loan was executed from a Bank, and the bank loan was on the name of younger brother, since bank found younger brother salary much higher with the elder Brother salary.
Presently Elder Brother salary is much higher, but younger Brother got father into confidence and had executed a deed of assgnment on his name declaring 50% as fathers share without Elder Brother knowledge.
Does father really holds the right to enter into a deed of assignement to get the 50% share of flat tranfered to younger Brother inspite of having younder Brother his own flat without the consent of Elder Brother.
Loan is being paid by both the Brothers, can the flat be sold without the consent of younger Brother / father once the loan is clear ?
do we have any citations on it?
Elder Brother has videos and tapes recorded, where father accepts that he has not paid any money by any means for the flat to the elder Brother/ Builder, and younger Brother also accepting that he had done this purposely to have the 50% cost of flat for himself and make Elder Brother life miserable.
In the present scene younger Brother is not willing to accept any money and is looking for having full flat claming the property Bank loan on his name.
do we have any judgement similar to this above case
ajay sethi
(Expert) 19 September 2012
contact a local lawyer . for citations visit indian kanoon website .
builder does not dictate in whose name flat should be bought . elder brother must have told builder to prepare agreement in his name and that of father since flat is standing in joint names father is co owner of flat . it is necessary to go through the deed of assignement prepared by father .
you can easily afford legal fees. contact a local lawyer show him complete papers of the case
Nagendra
(Querist) 19 September 2012
Hello Ajay,
What If younger Brother pays all rest of loan amount to the bank without the information of Elder Brother and takes away all the orignal docs from Bank. does Elder Brother loses his right in the current flat, Since he is still leaving in the same flat with his family.?
## can we be in position to initiate any action on bank for fore closing the Loan Account without any prior intimation to the co-applicants?
## As per above scene, if original docs are carried out from bank, most of the original docs given by Builder and paper work created in the Loan sanction process by Bank could get destroyed by younger brother, so as to prove that the whole flat is his only and the elder Brother is just for name sake. and the flat was purchased by benami for his later use. in such could you suggest immediate workaround. assuming above incident is already take place?
