The Grandfather of 2 Brothers died intestate (Without will in 1981).
2 brothers have executed an affidavit (on stamp paper of Rs.5/-) in 1981 wherein, elder brother (A) gives his consent and no objection in getting the rent receipts being transferred in the younger brother's (B) name. A also gives up his right, title and interest in the said shop. accordingly, the rent receipt gets transferred and B is in possession of the shop since 1981. thereafter, the shop goes in re-development and B gets shopin new building on ownership basis; hence, B is now owner of shop.
Now after approx 30 years, elder bro (A) has given a notice to B that he has a share in the shop.
Q : (1) whether the affidavit which is on Rs. 5 Stamp paper is adequately stamped and since that is the only document based on which all transfers etc has happened.
(2) whether the elder bro (A) can get anything out of the notice or even any relief if he goes to any court? property is located in south mumbai. hence, (3) if he goes for any suit etc. which court he may likely go to?
Request to provide answers to the above 3 Q please.
reply on : hemant2331@gmail.com
thanx and regards
hemant
