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zee (housewife)     14 October 2011

My brothers want the entire family property for themselves

BACKGROUND:
We have two residential houses (one in Goa and one in Mumbai) and one shop (in Mumbai). My father and mother are no more. When my parents were alive, my father MADE A WILL and nominated his 6 (Catholic) children (4 daughters and 2 younger sons) )as his rightful heirs after his death. I am the 4th child (daughter). The will is with my brothers.

All three properties are being used (for residential and business purposes) by my two younger brothers. One brother stays in the Goa house. The other brother stays in the Mumbai house and runs the shop in Mumbai. All income from the shop is taken by my brother/s. All the sisters (including myself) are married and are living in our own houses.

THE PROBLEM:
Both my younger brothers are not willing to give the sisters their shares. They are not willing to give me the title documents as well as the will, which are in their (brother's) possession. The problem is further compounded because my sisters are not willing to co-operate with me, and are doing nothing about their shares. However, I want my share of all 3 properties.

The brother who is staying in Goa is planning to demolish the Goa house without our permission. He wants to build a house for himself. He says that since he has been paying the tax for the last 10 years, the property legally belongs to him.

The other brother who lives in Mumbai does business in the shop in Mumbai and says that since he has been paying the tax and rent (pugree system), the shop (tenancy) will be transferred in his name.

MY QUESTION:
Is there any legal process by way of which I can get my hands on the legal title deeds and the will?
Since one house in in Goa, will I have to approach a Goa court?
What time frame and legal costs must I expect?
What must I do in order to stop my brother in Goa from demolishing the house and building on it?

If I file a litigation/ injunction in a Goa court, will I have to frequent Goa for this purpose?



Learning

 1 Replies

Sudhir Kumar, Advocate (Advocate)     10 December 2011

place of property will be the place of suit


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