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Himanshu (aa)     08 October 2011

Dispute

Respected SIr,

Sorry for long descripttion.

Please I need felp from some of you. Actually I am having a dispute with my brother regarfing an property, to highlight the case I am giving the detailed points.

1) Property is a 500 SQ yard home purchased by My Father.

2) My Father died in year 1999.

3) He left the will that the said avobe property will be of MY two sons( Me and my brother)

4) I am living in the said property since last 30 Years.

5) My Brother is living in the same city in his personal Property Since last 15 Years.

6) Although we had an partition of the said property and we have walls too and his partition is kept locked by him.

7) Everything is going on fine but suddenly he is pressuring us to sell the property so he can get the money from the property.

8) I do not want to sell the property as I am well settled there from last 30 years and it will be hard for me to get an house to live with the half money.

9) Property is on 90 years lease from goverment and still left with 40 years of lease. Property is still in name of my Father and I do possess the original Property papers and My Brother had orihinal bill of my father.

10)He previously told us to get the proprty free hold and should be registered  in the name of hima and me joint ownership.

11) Now he is constantly threatning us to sale the property otherwise he is saying he will file a case.

 

Please sir I am not Rich and I cannot afford now to sale property althougn I will be able to do this in future. Please suggest What should I do.



Learning

 1 Replies

jeetendra patel (lawyer)     08 October 2011

TRY TO SETTLE THE ISSUE AMICABLY. AS PER WILL BOTH OF YOU ARE HAVING EQUAL RIGHTS .IF YOU ARE NOT INTERESTED IN SELLING THE PROPERTY THEN PAY FOR PRICE OF HALF THE PROPERTY AS PER MARKET PRICE.

SINCE YOU ARE IN POSSESSION OF THE SAID PROPERTY SINCE 30 YEARS NO ONE INCLUDING YOUR BROTHER CANNOT DISPOSSESS YOU LEGALLY. AT THE MOST YOUE BROTHER CAN FILE A SUIT  FOR PARTITION ON THE STRENGTH OF WILL AND IN VIEW OF HIS RIGHTS AS PER WILL.IN THAT CASE YOU CAN CLAIM TO PURCHASE THE HALF PORTION OF THE PROPERTY IN VIEW OF PRINCIPLE OF RIGHT OF PREEMPTION.

IF PROPERTY IS ALREADY PARTITIONED MUTUALLY AND YOUR BROTHER HAS KEPT HIS PORTION LOCKED THEN HE CANNOT PRESSURISE YOU TO SELL YOUR SHARE OF WHICH YOU HAVE BECOME OWNERE IN VIEW OF WILL.

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