(Querist) 19 March 2022
This query is : Resolved
MY FATHER A AND HIS TWO ELDER BROTHERS B AND C JOINLY OWNDED HOUSE IN ALWAR AROUND 3 YEARS AGO.IN 2010 C FILED SUIT ON A(FATHER) AND B THAT THE ENTIRE PROPERTY BELONGS TOP HIM HE EVEN CHANGED LIGHTS BILLS TO HIS NAME . MY UNCLE B TOLD HIM THAT HE DOES NOT WANT HIS SHARE.YOU BOTH BROTHERS TAKE MY SHARE AND COME TO DECISIONS OF 50.50%PROPERTY.BUT C DID NOT AGREE TO THAT.NOW C EXPIRE LAST YEAR AND B MY UNCLE GAVE AWAY HIS SHARE TO MY FATHER AND MY FATHER REGISTER IT ON HIS NAME .MY FATHER EXPIRED LAST MONTH .LASTLY WE HAVE 2/3 SHARE AND C HOLD 1/3 SHARE. WE NOW REACHED MUTUAL DECISION THAT I WILL HAVE 45% AND C SON WILL HAVE 55% SHARE IN PROPERTY.WE ARE SELL THE PROPERTY IN 7000000.IN THAT 4100000 BY CHEQUE AND REST IN CASH
MY QUERY IS I WILL BE TAKING ONLY 45% SHARE BUT ON PAPER M 66% SHARE .SO HOW TO TAKE THE AMOUNT
(Expert) 19 March 2022
How did you agree when your deceased father had 2/3rd share in the property and hence your father's share shall devolve between his legal heirs. If you are the only legal heir, you have 2/3rds property of your father. However, you and the son of C mutually agreed for 45:55 shares. So you agreed to take 45% share but on paper 66%, claim the amount for 66%. Amicably settle the matter though you have 2/3rds share.
Dr J C Vashista
(Expert) 20 March 2022
Whether A, B & C purchased the house or it devolved upon them in succession ? How does C claims to be the owner of entire house ? Has C instituted any suit for partition/ injunction or any other claim or it is oral only ? Whether B has registered any relinquishment deed in favour of A & C ? Earlier B has stated to have released his share in favour of A & C which is stated to have been changed in favour of A, whether the statement is true ? Vague and confusing statements can not lead to form proper opinion and oblige. Whether the story is true or fabricated ? However, if it is true you are required to consult a local prudent lawyer with relevant records / information.
(Querist) 20 March 2022
kavksatyanarayana Sir. this dispute of brother has been going on from past 30 years so we both lost our fathers so decided to ended the dispute by agreeing this ratio
You may be having 66% share in the property as stated in the query, however now you both have compromised on 45% of your share and 55% C's son share. You can inform your advocate about the compromise he will prepare the documents accordingly.