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chander (Designer)     11 June 2012

Dispute on property

Please help me on followig Issues:

My father in his life purchase all the property by himself and jointly resistered some property in the name of both the brother (i.e me and my brother's name). 

But one House they have build in my brother's name, and also one plot of land which is approx 2 bigha is his name. 

One House is in my mother's name. and two plots are also in my mother's name. 

The problem is that :

As today my father is no more, he was passed away 2 years back, and I don't  have any Will of him. Verbally mya father said to me that I was making this house for him, and the house which is in my mother that is you keep. You both will be individual settled.

As I am elder son, I request my mother that your younger son already had one house in his name as well as 2 bigha of land in his name. You must make a Will so that after your demise your house will be in my name. 

But today brother say this is my mother property and I need fifty % of this. He say the house which is in his name was build by father for him (was a gift from father). even more that 7 lac of rupee was been invested in that house during the construction of that house was also generated by saleing only plot which was in my name. 

Now father is no more, mother is also not supporting me, How can I get a solution to this problem. 

Is there any legal procedure, to claim my right on the property. 

 



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     11 June 2012

You should file a suit for partition claiming share to the tune of 1/3rd in both the properties, if your mother resists giving the property to you by either will or gift. 


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