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Nadeem Uddin   08 November 2023

Actual the land belongs to father as per documents elder brother and want to divide to 4 younger bro

actual the land belongs to father as per documents elder brother and want to divide to 4 younger brothers ,what to do in this case ,four brothers construted by there own money in 1 2 3 floors 

 



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 6 Replies

T. Kalaiselvan, Advocate (Advocate)     08 November 2023

If the land belonged to your father then who gave permission  to the brothers to construct floors above the land?

If there was any agreement reduced to writing among the brothers then the conditions of the agreement can be maintained.

You may consult a local lawyer with all relevant papers and proceed as suggested

kavksatyanarayana (subregistrar/supdt.(retired))     08 November 2023

Yes.  I agree with the expert opinion of Sri T.Kalaiselvan Sir.

Dr. J C Vashista (Advocate )     09 November 2023

I agree with the opinion and advise of learned experts.

Is it ancestral or self acquired property of father ?

Whether there is any agreement qua construction of floor(s) on the undivided property?

 

Advocate Bhartesh goyal (advocate)     09 November 2023

If your father is absolute owner of property and you all brothers with or without permission of your father raised constructions on it, even though you and your brothers  can not legally claim partition of property during your father's  lifetime.

Nadeem Uddin   09 November 2023

We are 5 brothers ,

As per land documents is of my elder brother 1

10years before The land is purchased by my fathers money and ground floor constructed by loan and the documents are with the BANK OF INDIA

after construction brother 1told that he will transfer the documents to the father but till now not transferred, now he is telling I will not transfer to the fathers name nor to other brothers

2years back brother 2,3,4,5 constructed the 1st 2nd 3rd floors by there own money as they know it's father house 

No written documents are there ,

 

T. Kalaiselvan, Advocate (Advocate)     09 November 2023

In the absence of any documents to prove their title the other brothers cannot claim share  in the property as a right. However your father (if living now) can file a suit for declaration of title and interests on his name on the basis of the documentary evidences to prove his funiding for the purchase of this proeprty.

The other brothers also can prove  with the support of the documentary evidences that they constructed the floors above with their own funds and can claim to declare the title to the floors above the ground floor on their names

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