My mother owned a property in New Delhi, India since 1960. My younger brother lived in the property. Whenever I visited India, I stayed in that property. My mother had always told me that my brother and I will be 50-50 co-owners. Two years ago, my brother wanted to take a business loan but did not have property or collateral for the bank. So my brother asked my mother if she can transfer the property under his name for one year and then he will transfer it back. My mother called me, concerned and asked if she should do that.
Later after my mother died, we found out that there was no one year agreement. In fact, my brother transferred the property under his name. He claims that he paid 10 lakh for the property (the property is valued 1 Crore Rs). After checking my mother's financial records, there is no trace of even 10 lakh either. No one in my family believes that he paid for the property and it is hard to believe that my mother would sell a 1cr property for 10 lakh. I found out that the registrar was involved as well.
Anyways, my brother and I agreed to divide the property. We signed an agreement. The contract is notarized and signed by both parties, with picture, by a court appointed notary public and registered in his notebook. BUT the property is still legally under my brother's name. Also note, per the contract, my brother was suppose to deed my portion of the property by Feb 2014, but he did not. The property is still under his name, including my portion.
Local neighbors and my family is telling me that my brother is looking to sell the WHOLE property, including my portion. I want to know how can I obtain a STAY ORDER to prevent my brother from selling the whole property.
