How to proceed regarding property disputes
Sourabh Chhabra
(Querist) 19 June 2014
This query is : Resolved
Iam from Delhi, we have one ancestral property , My dad have property share of about 23-25% share in the property , there are 3 sons, and the eldest son has the maximum share of about 50-54% as per him.
we have one will of the Grandmother who has distributed the property in such a way that the eldest son gets close 50-54% share and rest two brothers gets the rest equally
The property has 3 floors + one ground floor
Now we dont have possession of our full share of the property however we have possession of the half floor , the eldest son says that until we do motation and free hold the property he would not give us rest of our share.
one yesr ago we have bought a new falt and we started living there , and we have closed our rooms in the house , we go to the house after every 10 days
My father and the 2nd brother dont want to file a case against the elder brother
My Query :
What options I have ?
Can we do motation and free hold and ask for possession afterwards ?
What should be the next logical steps to ensure that our share in the property remains with us and we get full share ?
We think that even if we do motation and free hold of the property he would not give us our share and will ask money as he did in other office property we had
uttamtibrewal@yahoo.com
(Expert) 21 June 2014
Dear Chhabra ....
Yes you can go for mutation of property in joint name do not go for single name ....
As you said ur elder brother shall not give any share then untimately earlier or latter you have to move to court ... So its better to file partition suit and claim ur share...
for any query or help contact me at uttamtibrewal@yahoo.com
Sourabh Chhabra
(Querist) 21 June 2014
My parents don't want to go to court.
I don't understand the concept of mutation in joint name. Plz suggest if there any other way to get the issue resolved and be prepared n insured that eventually will get the share of the property.
Sourabh Chhabra
(Querist) 22 June 2014
My parents don't want to go to court. I don't understand the concept of mutation in joint name. Plz suggest if there any other way to get the issue resolved and be prepared n insured that eventually will get the share of the property
