Civil Procedure Code (CPC)

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

flawlessking (programmer)     21 September 2019

Claiming Property

The property was purchased with my father's retirement money on my elder brother's name in 1995, my father died in year 2018, untill 2018 my elder brother was acting good before my father's death, we were on verbal agreement that half share will be given to me, but now my elder brother is denying any share, I don't have any legal documents to prove the money used to purchase the property was of our fathers retirement. but I have many relatives and my 3 sisters to vouch the same, I am homeless now please guide :(


 9 Replies

Real Soul.... (LEGAL)     22 September 2019

SInce the property is in the name of your brother so it is not possible to challenge his title on oral evidance.

Just try to settle with your brother amicably

Real Soul.... (LEGAL)     22 September 2019

SInce the property is in the name of your brother so it is not possible to challenge his title on oral evidance.

Just try to settle with your brother amicably

G.L.N. Prasad (Retired employee.)     22 September 2019

First issue a notice seeking partition and state clearly that he has purchased the same with father's retirement benefits and there was clear understanding that property was in his name as co-sharer only.   Wait for a response and then decide by contacting with advocate.

flawlessking (programmer)     22 September 2019

thanks for you response Sohail sir and Prasad sir, my brother has become greedy, my sister's tried very hard to make him understand to settle the matter, but he just don't want to, isn't there any law to teach him a lesson, this is a pure betrayal, as a good brother I didn't doubt his trustworthiness

Real Soul.... (LEGAL)     22 September 2019

You can file the suit but frankly speaking you can only just keep him busy with case ,his position is much strong  ; since the mistake of your father by just purchasing the parperty in the name of elder son keeping others at bay cannot be remedied at this stage. If your brother has moral charecter and his concious is alive he should ditribute the property as per the rights of all of the siblings.

 

flawlessking (programmer)     22 September 2019

than it seems I am going to lose, didn't knew our law and order might have these loop holes, I don't have a family, he is married with with 2 sons that are just 8 years younger to me, I am 28, they all are forcing me to leave just because of my father's mistake, feeling helpless, my financial condition is weak with very low paying job, I need to reconsider my decision of asking for share.

flawlessking (programmer)     22 September 2019

thank you Sohail sir, regards.

Real Soul.... (LEGAL)     22 September 2019

If you are posseing the portion of property  don' leave that in any way.

flawlessking (programmer)     22 September 2019

ok sir will try too

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query