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Ashish Kumar Pandey   01 December 2021

Property dispute with brother

My father who is currently getting our house construction done on land been mutually divided between my father and his siblings. While most of the construction work is almost done by my father, His siblings claims the construction to be improper and demands to repartition the entire land again that too after most of the construction has already been completed. Whereas they are yet to construct any for him. As per them, the property has to divide after the consent of the entire family including the cousins of my father. Although such consents were never practiced in the past for any of the family members. The police did appear to support them without a reason. The police called my father to the station and got a self-drafted document signed without any proper consent or explanation. Being alone and helpless he had to sign and agree to their demands.

What is legal validity of that letter?


 1 Replies

Kevin Moses Paul   04 December 2021

Your matter is a bit complex. See you're father got the house reconstructed, but the question is whether the reconstruction was done by the consent of his siblings? If yes, then why is the issue of improper construction popping up now?

Basically, in such a case there is no requirement to take suggestions from cousins or any other member. A partition is done between those who have legal right over the property and that's only what should be the prime focus.
Ask your uncle to pay for the compensation amount for the construction. Get a registered bill of all the money spent by your father in the same, and when everything is done ask uncle to file a partition suit or you cand do it yourself if they do not initiate the distribution the legal way. Attach the details of money spent on renovation of the building along with the petition for partition and ask for half of the compensation of amount by your uncle.

Get engaged with a local lawyer to handle the matter and consultation regarding the same.


Regards,
Kevin M. Paul

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