The brief of property disputes relating to a house in Ghaziabad is as follows:
I (B2) along with two brothers had purchased plot in Ghaziabad. All three have name in the registry of plot in 2004 by taking Housing loan, personal savings etc. Thereafter two floors (Ground floor and first floor) were constructed by eldest brother (B1) and me (B2). However, youngest brother (B3) who had name in the plot tried to usurp ground floor as we had given him for living for few months. The matter was anyhow sorted out and a written agreement was signed in 2009.
Now, B3 has not obeying the written agreement (family settlement):
(i) He (B3) is not paying his share of bank loan (1/3). I filed a court case in Ghaziabad Court.
(ii) He is telling /writing everywhere that his valuables are missing and I am liable to pay.
(iii) In the house, my name is in electricity, society. In Bank loan, I am the first party. Bank has been pressurizing me for giving entire instalments.
(iv) The other brother (B1) is cooperating with me and I have no dispute with him whereas B3 is alleging him on the other trivial matters.
(v) B3 is not cooperating with me or my brother and does not heed words /advice of others.
(vi) Presently, all three are living in a separate floor. B3 had constructed 2nd floor by taking Rs. 6.66 lakh from us.
Now, I want to know about the following things:
(i) Since his name is in the plot, is he entitled for 1/3rd . It is also mentioned here, I (B2) have given entire money and remaining amount is from Bank loan.
(ii) B3’s wife is making noise, false allegation, threatening, harassing etc.
(iii) The entire motive behind such acts by B3 and his wife are to blackmail us and to sell the house so that they can get money. We are not interested in selling the house.
(iv) How can I get rid of him. I am not able to pay market rate of one floor whereas living become difficult.
Email avinash8si@yahoo.in
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