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Rustam (Proprietor)     29 November 2014

Property dispute

my property is of 800 gaj plot having registry of 400 gaj each one registry is in my name other in my brother name on which brother has given his share of plot to me with out any writtng but i paid the money with cheque against taking this plot and on cheque i mentioned this that i have paid you all amount for this property brother was ok til that time i tried to get signed registry on my name from my brother but he was not well due to his sickness he keep on pending it and many time and he was avoiding to signup the registry on my name but as the time got passed the property value got increased i keep n trying he keep on saying you are my real brother u dont have belive on me keep patience nothing running. mean while life has always up and downs my wife was a renal patient she was well due to this not able to keep following him for this my brother took advantage at last again i tried firmly asking for registry he denied and said no that property is mine and he put his younger son in front for claiming that this property is his property. there starts court i submit al relevant documents saying this property is mine . this property was barren plot i myself put my hard earn money to construct this plotand when this plot got ready with rooms i rented out and i was the landlord til date i have all relevant documents between landlord and tenant til date paying house tax, electric by my self now my brother son has came to claim this property please guide me the best what to do . 

In our favour:

court commission report

Neighbours 

small smal evedence against my brother

gazette on newspaper

cheque back side mentioned that we have paid up all amount for this property



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     02 December 2014

Without proper documents for transfer of property in your name, you cannot claim its ownership, however since you have already approached court of law with the evidences in your possession, you may wait for the proceedings to be disposed by court based on the merits of your case.

Rustam (Proprietor)     12 December 2014

But On same property we rented this property since 10 years we are renting and we are the landlord . Now how come my brother can come and try to take this property by illegal ways . 

Rustam (Proprietor)     12 December 2014

This property was constructed by me only my brother dont have any right to take this property . we have all bills reciept the material purchased details with all bills. Electricity , House tax, water tax we are paying and electric meter is in my name. now please suggest me guide me what should i do to save my hard earned money house. out of my house there is a marble on which our family name engraved family: my son my wife and my name.

T. Kalaiselvan, Advocate (Advocate)     12 December 2014

You can be treated as a tenant in the property or permitted to be in possession, that is all.  In the absence of valid sale deed executed by the owner to you, it will be considered as unauthorised occupancy or that you have grabbed his land which will be an offence turned against you.  It is better to sit and talk to him, involve elders, relatives and friends for an amicable settlement if need be, though some negotiations over any further amount to him, this may help solve the situation out of legal circle  but can have a legal remedy.


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