Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Bhavesh (RnD head)     17 March 2012

Elder brother is making flase claims

 

Hello there,

My father bought our current home in 2004 for which he asked my elder brother to take a loan in his name.

It turns out that he had made the purchase entirely in his name whereas my father is co-borrower in the loan.

4 out of 5 in my family have paid EMIs of that loan for last 8 years & my mom sold the only property in her name last year to foreclose the loan. We paid all but 12 EMIs to save pre-payment charges. When we realised last month that ICICI hadn't debited last 2 EMIs we inquired & learned that my brother has paid them & has also acquired the document bank was withholding. He lives in Hyderabad where my parents visited him last month. They had an altercation regarding the partitions of the only property, this flat. He claims that it's entirely his but he's willing to give me 50%. He's considering age old practice where either eldest son got all or when sons got all. He's forgetting my parents & our eldest sister.

Sorry for rather long question but can you suggest what should be precautionary steps we should take, if any?

 

Regards,

Bhavesh.

 



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     17 March 2012

Dear Mr.Bhavesh,

Your brother obviously has gone rogue - and wants to appropriate the property all by himself, thereby defeating the legitimate rights of your siblings and parents. What you would have to do is to prove before the court of law (which I am sure can be done by documentary proof) that the property was brought for the benefit of joint family - though held in name of elder brother. You can start by persuading him, if he does not accede to your requests, file a civil suit for partition.  Try collect all proof you can as regards payment of EMI's by you guys.

Feel free to email


(Guest)

Dear

Mr. Bharat is right.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register