vishesh kumar (private) 18 December 2011

Partition of joint property

Sir, my question is

(i) I (A) along with two brothers (B,C) purchased a land and constructed the house. The land is in all three names. Thereafter, loan from the bank is also in three names. I (A) is the first party in the bank loan.

(ii) After some time, a family settlement took place and each one is living in one floor as per family settlement.

(iii) One brother C are not cooperating with others making and trying hard to disturb peaceful living of others too.

(iv) C also did not pay the bank loan installments. So, bank goes for Debts recovery tribunal for recovery of loan.

(v) C also try to block the passage to the roof whereas roof is shared among all 3 brothers.

(vi) What steps A and B take for peaceful living, passage to roof and loan installments.

please mail me message on

Vishesh43@sify.com

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2 Replies

balasaheb (officer) 19 December 2011

If bank auction your brothers property any one of you bid for said property.

Devesh A. Bhatia (Advocate) 22 December 2011

If your relations have reached a stage where litigation between brothers cannot be ruled out then, by showing the documents of the property and any contracts between brothers, get and injunction against C for stopping you from using the joint roof.

Observing that bank and approached only C regarding the loan installements,I believe your documents are clear about which brother has what rights in the constructed property. Make sure whatever document the bank has for the property clearly show segregation between the brothers.

You should attend the debt tribunal meetings on regular basis and if bank gets permission to proceed against C make sure that they dont get any right against the joint property(ie. roof) and if they do get in injunction order against bank as well.