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Luv Kush Kumar (Others)     16 November 2020

property disputes

when my younger brother was not able to do anything i supported and helped him. due to my financial support he completed his education, fulfilled his basic requirements, even he was married by my financial support. i handled all requirements of my brother, sisters,and parents. i made all houses and properties in the name of my father but he is no more, i did everything for him in the hope that he will also support for further prosperity when he will earn but now he is earning and instead of support he is demanding equal division in everything. I don't have any concrete evidence but my neighbour and relatives can be eyewitness if required that i did all these things.
now he is threatening to file case against me if I don't give equal rights . my daughter is about to marry I don't have any other source of income . i want to ask that , really I don't have any right to raise my voice against him? can't i claim for compensation or anything like that?


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 10 Replies

Mandip Singh Bahra (Practise)     16 November 2020

Dear sir
this is the story of every house in these days, please don't be so hopeless and emotionless. kindly note that this is you who can make your life better no one else can do it. Apart from legal view u have rights of equal property shares... any legal query you may send
1 Like

Advocate Bhartesh goyal (advocate)     16 November 2020

Your all siblings and your mother if she is alive have equal rights and share in the property belonged to your father.

Vishesh Kumar   16 November 2020

Greetings!

In case If you are planning to sought relief through Legal Procedure, the share of the property will be divided into three shares under the Succession Act. Also, your brother and your mother would share equal share in your Father's Property.

Thanks!

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     17 November 2020

Originally posted by : Luv Kush Kumar
when my younger brother was not able to do anything i supported and helped him. due to my financial support he completed his education, fulfilled his basic requirements, even he was married by my financial support. i handled all requirements of my brother, sisters,and parents. i made all houses and properties in the name of my father but he is no more, i did everything for him in the hope that he will also support for further prosperity when he will earn but now he is earning and instead of support he is demanding equal division in everything. I don't have any concrete evidence but my neighbour and relatives can be eyewitness if required that i did all these things.now he is threatening to file case against me if I don't give equal rights . my daughter is about to marry I don't have any other source of income . i want to ask that , really I don't have any right to raise my voice against him? can't i claim for compensation or anything like that?

 

1. IF you can prove with documentary evidence, THAT you purchased the property in name of Father, with your own Self-Acquired Funds, that you will be classified as "Ostensible Owner" under the parameters of Section 41 of  "Transfer of Property Act" and you derive absolute authority to Use /Sell /Gift /Donate /Transfer /Mortgage /whatever ....

2. However in order to legally activate your right for above purposes, you will need to file a local Civil Court proceedings, citing the above and transfer of property in your name, by following due procedures of law.  A local Property Lawyer will be able to help you achieve this.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

1 Like

G.L.N. Prasad (Retired employee.)     17 November 2020

Ghar Ghar ki Kahani of elder son supporting parents, younger brother enjoying fruits abroad and still claiming his rights without sharing responsibility. Only local advocate and documentary evidence showing the incomes if records are property maintained through bank statements etc may help.  To establish this it may take another 2 decades.  Without all this,let friends, relatives get a settlement deed, let the property be divided in metes and bounds, get the share of the property and perform the marriage of your daughter.  Believe Destiny as such tensions may affect your health get it settled at the erliest.

Pradipta Nath (Advocate)     17 November 2020

In case you don't have any documentary evidence that you spent your earned income for the entire purchase, every legal heir have right over your deceased father's assets.

Professor Maximus (Consulting)     17 November 2020

Simplify your property information search by reaching out to help@tealindia.in. They helped me retrieve the title chain for my property within a few minutes.

Dr. J C Vashista (Advocate )     18 November 2020

Legally you can not avoid / deny claim of your brother in the property which is registered in the name of your father.

P. Venu (Advocate)     19 November 2020

In your earlier posting you had informed us of a different version of your younger brother:

"My younger brother is living in village, who is facing trouble abd threatening for murder and facing abusive language by neighbour. i asked him to file case but he is not willing to do so because of societal respect and own reputation. but i want him to get justice but I can't go to my village to help him as i am living in delhi. so can i file case on behalf of my brother in delhi ? or can i file case on behalf of my brother in delhi & that could be transferred to police station near by that village?  
(https://www.lawyersclubindia.com/forum/details.asp?mod_id=213178&offset=1")

Now you are trying to enchant us with a more absorbing story. Please stop abusing this platform. 

At the same period, you had posted a different account of the same younger brother:

"When my younger brother was not earning i made our house, purchase fields ect. even i provided all necessary requirements for his education, personal expenditure ,and even he was married by my financial support ect. now he is earning and demanding equal division of properties.i had made registry on the name of my father for feilds only purchased by me but not for houses. i dont have any concrete evidence that i make all these things but my mother, relatives and neighbours can be eyewitness in court if required. i want to give equal rights in feilds only but not in house. what should I do?"

https://www.lawyersclubindia.com/forum/property-disputes-213009.asp)

Luv Kush Kumar (Others)     19 November 2020

@ P.venu yes , bcs i have three brothers. sorry for ur inconvenience.
but this platform helps a lot to me for making decisions .

thank you

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