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Thirunavukkarasu (Student)     04 July 2011

Ancestral Property

1. X had a land of 5.50 cents residential house very old unsuitable for living. he passed away back in 1980's. it has not been partitioned till date between sons of Mr. x, Mr. A and Mr. B. and Still Mrs. X is alive.

2. Few days back Mr. B approached Mr. A. to reconstruct the property as it was very old and Mrs. X could not even live because of very damaged condition. 

3. Mr. B also stated that he would give his share of property to Mr. A for the value said by Mr. A after the construction work is completed. and also Mr. B took care of the construction work.

4. Suddenly Mr. B in the middle of the construction work. says that he will allow Mr. A to complete work only if he gives Rs. 20 lakhs.

Situation

5. Property values - land alone Rs. 13 lakhs as per municipal valuation.

6. Mr. A alone made whole investment of Rs. 10 lakhs for construction

7. Mr. A has no evidence stating that Mr. B only proposed him for construction.

8. Mrs. X has made a will stating 2 & 3 point as stated above as a percaution if there is any dispute or her death.

 

Please give suggestions to Mr. A seeking ur assistance



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     04 July 2011

A cannot do anything, he could have been aware before investing in the construction of the property.  Compromise is the only solution.

A's has no documents to show he has only invested the amount for construction, he has no agreement with B.  A has to go smoothly with B, otherwise he will loose his invested money.

Thirunavukkarasu (Student)     04 July 2011

what if Mrs. X creates a document saying about the agreement. "Mr. A also asks for the agreement. but Mr. B refuses and says he will transfer for Rs. 6 lakhs after the construction work is completed."

would the above statement said by Mrs. X in a judicial stamp paper. will that be enough.


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