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hitman hitman   06 October 2019

Partition Rules in India?

It's messy, but please stay with me here..


I bought one property worth 6 lacs in Mumbai in year 2000, of which I borrowed 1 lac has a help from my mother (5L mine +1L of my Mother), the property is worth 60L now, ten times. My Mother passed in year 2015. We are 2 brothers, and he knew about this deal. And fairly enough he asked for his share in this property.

‌*My Calculations
Mother helped me with one lac, so fairly I own 50% of that amount already, so it makes it to 5.5L mine and 50 thousand his share.
So now as per today's price his share equals 5 lacs and mine 55lacs. Fair Enough??

*My brother's Calculations
His statement "If our mother wouldn't have helped you with that 1 lac, you couldn't have bought the property, and thus you don't deserve 55L now, give me 20L of 60L, and u keep 40L and its totally fair enough"

MY QUERY: if I file a suit in COURT what would be the consequences? Does court do all the calculations? Are my calculations right? On what basis does court decides?
Pls some light


Learning

 4 Replies

Shashi Dhara   06 October 2019

Have you specifically mentioned it in deed .in whoose name property is registered.if it is registered in your name or not.if it is registered in your name don't care for his calculations.

hitman hitman   06 October 2019

property is registered on my name, we don't have any deed, but it's just known to all my cousins and I too have agreed to all about the borrowed money, but still if the matter goes to court, does the court will dismiss his calculations?

hitman hitman   06 October 2019

does the court considers parties calculations or they have their own way of doing things?

Shashi Dhara   07 October 2019

In court you defend that entire money was given by you and it is self acquired property.

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