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suganya (lecturer)     19 December 2010

Can any one suggest me

I am mohan staying  in singapore and my native is chennai.i have an elder brother.i built an house in my father land in 2003. the house built total expenses was mine.i thought in the future my father would into two for my father and me.but suddenly hearing my brother words my father decided to give the whole to my brother.from 2001 the family expenses and every thing is mine.not even a single money was spent by my brother.can any one suggest me what to do. there is any thing to do  to get my partition.



Learning

 11 Replies


(Guest)

in whose name the property stands ?

adv. rajeev ( rajoo ) (practicing advocate)     19 December 2010

If it is your ancestral propery then go for suit for general partition and seperate possession, but if it is your fahter's self acquired property then you cannot claim.  Have you maintained any accounts or any proof that you sent the money to consturct the house?

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     19 December 2010

CONSULT AN ADVOCATE IN CHENNAI, PROVIDE ALL MONEY TRANSFER TO YOUR FATHER/BROTHER .

APPLY FOR PARTITION SUIT AND MONEY RECOVERY AS PER YOUR EVIDENCES.

OTHER WISE YOU NEGOTIATE WITH IN THE FAMILY, FRIENDS AND RELATIVES SETTLE AMICABLE SINCE AFTER ALL ARE  YOUR BLOOD RELATIVES.

G. ARAVINTHAN (Legal Consultant / Solicitor)     19 December 2010

have you got any details with you. I mean purchase of any construction material in your name and any tax in your name? any bank loan you availed?

any transaction from your account to your father during construction of the house?

niranjan (civil practice)     19 December 2010

The land inyour father's name and construction permission must have been in your father's name. But if you have correspondance to prove that money you sent was for building you have charge over that property. Your father is entitled to give land to your brother,but not the structure thereon.Since you have paid money for construction,you have become sharer in the property and on that basis you can file suit .

amit singh (b.com acc(hons))     20 December 2010

my rental is staying for past 50 year  now i want to eviction my tanant for my personal used? will it is easy to

evict by  law and how long will it take

tushar (lawyer)     20 December 2010

firstly if the said property is your father self acquired property then he has every right to dispose of  his wish u can just claim all the exepenses towrds the same and have to approach to the civil court.

And if the said property is ancestral then u can appoach to the civil court for patition though your father is alive.

amit singh (b.com acc(hons))     20 December 2010

 

my rental is staying for past 50 year  now i want to eviction my tanant for my personal used? will it is easy to evict rental  by  law and how long will it take


suganya (lecturer)     20 December 2010

The property is in my father name

suganya (lecturer)     20 December 2010

The property is my father self acquired and that is in my father name.my brother took the amount frm my NRI account. i dont have separate proof  r any accounts for construction. the amount with drawn frm my account was under my brother name in my passbook(that s the proof i have).my father doesn have a job and my brother had a xerox shop and that was set by me. with their money they cant even run the family , so they cannot construct . can i fight with this.

the other case was in 2004 my father gave his  ancerstral property to my brother with out my knowledge... recently i came to know abt this and when i enquired abt this to my father he told that for tax, patta and for a proper document he has done that, and that is an settlement document , not yet registered. atleast can i able to do for this . if i can what i have to do

niranjan (civil practice)     20 December 2010

As you need for personal bonafide use,you can file suit for eviction,no matter how tenancy is long.

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