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DHARMESH KUMAR (Pvt Job)     12 February 2024

Property issue

A family consist of five members i.e. father, mother and three sons all were residing in rented house. The father expired in 2004. Now sole earning member was elder son. After some time family got ex-gratia of Rs.2.8 lac. Now 3 son and mother purchased property of Rs.5 lac in the name of Mother, the remaining expenses was borne by elder son. They all brother lived together for 10 years and later they separated. All made house on respective equal share and living. There are two electric connections for two brothers.

Now it came to know that the combined property was sold out by Mother with help of youngest brother six month ago. Remaining two brother were fully unaware about this transactions until two day ago.

On property documents, it is mentioned that property is Residential Open Plot But in reality it is fully Residential Building.

1st and 2nd brother are in shock and still they living in their respective building on the same plot. The seller mother-son fled after locking their premises when matter exposed.

Please guide what are options for the 1st and 2nd brother.

Sir/Madam, this is genuine case. Please guide.


 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     12 February 2024

The property is in the name of the mother she has a right to do as she wishes. Though the elder son bears a huge amount to purchase the building and 1st,  2nd, and 3rd persons purchased the building with the mother in the name of the mother.  It is only go for an amicable settlement of the issue.

T. Kalaiselvan, Advocate (Advocate)     12 February 2024

If the aggrieved brothers deserve any share in the property and they have documentary evidence to prove their rights and interest in the property sold by mother and third son, they can plan to file a suit for declaration, partition.

Consult a local lawyer and proceed as suggested.

DHARMESH KUMAR (Pvt Job)     13 February 2024


A point in Sale deed is Open Residential Plot in place of Residential Building. Isn't a revenue Loss to Govt or a legal point?


Also no one came to claim property till 11/02/2024 while the property was sold out in July 2023. The seller mother-3rd son  fled from the spot only on this sunday and 1st & 2nd are still living in their respective Building Part. 

T. Kalaiselvan, Advocate (Advocate)     13 February 2024

You can discuss your problems alone, you do not have to ask clarification for others problem.

On the basis of your initial query you were given advise of what can be done, if the mother and her son fled then the other brothers have to initiate legal action to overcome their grievances. 

If you are a buyer then better obtain a proper legal opinion before buying the property. 

DHARMESH KUMAR (Pvt Job)     13 February 2024

Sorry ti disturb you Sir.

I am not  Buyer or Broker or third person But common man.


I am one of the sufferer i.e. 1st Brother(Eldest Son).

Yes, We both brother planning to take legal action.

I have posted my problems for suggestions

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