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Sherry (Team Lead)     03 March 2013

Property dispute between brothers

Hi,


We have 2 houses in Mumbai bought long years back by my grandfather. One of the house is after my father and the other after my grandfather's name (father's father). Now my father's brother is saying that there are 2 houses so they should be equally divided. But since one house is in my father's name legally he is the owner, so my dad is willing to share all the properties after my grandfather's name. Also as per my dad my grand father was to sell the house the one after my dad's name to get rid of some loans, but my dad requested him not to sell and instead he'll pay the amount to him. So he feels its like he bought that house. But there is no record available with my dad since this was done somehere in 1985-1990 and that too in hard cash.


Also my grandmother(father's mother) was never involved in the cash transactions between my grandfather and my father, so she says my dad is not the rightful owner. And since my grandfather is dead almost 3 years back its now getting worst with the dispute with my grand mom supporting my uncle.

 

I don't think there should be any problem, since all the documents legally are in my father's name and recently he has made that house in my name with the consenus of the landlord.

Pls. help.



Learning

 2 Replies

Advocate Kishor Hajare (Advocate)     04 March 2013

Sir,

The better advice and suggestion will be forwarded only upon the perusal of relevant documents in hand with you.

This matter should be handled carefully and prima- facie, it should be checked whether property is of ancestral or self -aquired.

The nature of allegations or contentions of your uncle and grandmother should be verified in accordance with the legal terminology.

The actutal possession of the property and documents should also be considered.

For better advice, kindly send detailed information on my below mentioned email-id/call me.

Regards

Kishor Hajare /hajare.kishor@rediffmail.com/9930647734

sanjeev kumar (service)     23 May 2013

My father has bought the property in 1962 (100 sq yards) in old delhi. out of 100 sq yrds he sold 50 sq yards in 1985 and later 25 sq yards in 1996 through the power of attorney to outsider party. Remaining 25 sqyards In 1998 he made the general power of attorney in favour of my elder brother. It is noted that my mother is still alive and my father was expired in 1999. we have total 3 brothers.

Now kindly advice whether we two brothers can claim against my elder brothers. As my elder brother has got converted the power of attorney into registery.

And what are documents required to claimed.

Sanjeev


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