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sahitya kamble (others)     09 June 2011

How can we keep our home?

My father and his elder brother came to pune about 25 years ago to start a livelihood. They bought a place but only in the name of the elder brother. After few years of working together, they bought another place also in the name of the elder brother.

It was "Verbally" decided that my father will keep the old place while his brother moves into the new one. My father did not realize the importance of making it official and getting his name on the old property.

Now, his elder brother died 10 years ago and the elder brother's sons are now claiming that the old house is still their property since it's in the name of their father.

I direly need some legal help as i don't know what steps to take to make the verbal agreement between my father and his elder brother regarding the old house official?

thank you.



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 3 Replies

jeetendra patel (lawyer)     09 June 2011

As per your say property both old and new one is purchased  by your father in the name of your fathers elder brother.Have you got any evidence to show that for purchasing these properties consideration was paid by your fathe although they are purchased in the name of your fathrs elder brotherr then you have some case.Apart from these present status of the propertis specifically the possession of the properties have some relevance. Clarifiacation of all these points are necessary.

Jeetendra Patel Advocate Pune( 9921158871)

sahitya kamble (others)     10 June 2011

First of all, i would like to thank you for your valuable reply sir. As long as the consideration for the purchase for these properties goes,i dont think there was any evidence as the money was given by my grandfather for both of them to make a life out of it.

          can there be a case of my father living in  the old place for long enough to be the rightful owner?

And we have also been advised  by some friends that if we can have the Electricity Bill or some Property Tax made in our name, it will help us stake our claim.

Please advice.

Thank you.

                

Ravikant Soni (LAWYER IN JAIPUR)     10 June 2011

It was an benami transaction. Chances are very poor to win. You should take defence of joint property an as you mentioned in verbal partition your father got that property.

 

It's depend upon the pleadings of your cousin's suit...


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