Dear Lawyers,
Need your fair guidance over property claim. My GrandFather gifted land to two parties, my Mother and my Uncle.
My Father Constructed a home on the gifted land taking home loan from bank.
After my GrandFather's death within 1 year of construction of House, Uncle demanded partition but no settlement was done due to his unfair demands.
Now My Uncle who is leaving in the home denied paying anything towards the Loan.So My father paid the whole amount of the Loan taking credit from another bank , as a result of SARFAESI notice from the bank we took Home Loan.
The Bank has issued a No Due certificate against the payment towards my mother and my father. We have all the documents the support the claim.
Bank has denied the land paper until settlement and mutual consent of both parties.
Can a suit be filed over the right of my father on the house as he is the sole payer(on behalf of my mother)?
I recognise the right of my uncle over land but , will he get part also in the house considering it an asset?
According to my conscience will not the payment of the current cost of the share of land(excluding price of house) my uncle owns should settle the dispute?
Your help would be appreciated.
Thanks
