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coolman2011 (SDV)     12 October 2011

Disputes

We are 3 brothers. My eldest brother and me bought a Rs.28 lakh flat in Joint Agreement. We have paid a Down payment of Rs. 8 lakhs in cash (3.5 Me , 2.25  eldest brother and 2.5 from Dad and Other brother) and taken loan 0f Rs. 20 Lakhs in My name and my eldest brother is guarantor. From 4 to 5 months there have been some disputes between me and both my brothers. My dad and Mother is with me. I was Paying the full EMI of Rs18348/-  since 2 years and still paying the EMI.

The flat money is also causing disputes for which I  am ready to pay back the Down payment amount taken from my brothers and remove their names from the flat agreement. But they are not agreeing to this and do not want to compromise. They want current  half cost (Rs 20 Lakh) of flat.

Now can you suggest  me How I can get out of this without affecting my credit records.

1.       Can I get full flat ownership by paying loan amount.

2.       After 20 years When I do a full payment if my brothers quarrels again, what will be my step.

3.       Can I sell the flat and get Home loan paid and Cash which I given at Down payment without affecting Credit record.



Learning

 2 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     13 October 2011

Dear Cool man

as per your query and information you took the loan from bank so your property is in mortgage, tell me one thing that you and your brother is legaly owner of the property in Sale Deed or only you in sale Deed. if you both then the paid EMI's withrawan from your a/c or joint account.

coolman2011 (SDV)     13 October 2011

Hi Nadeem,

 

Thanks for the reply.

My brother and  me both are owner of the property, but loan is on my name and I am paying full EMI.

Please suggest.

 

Thank you,


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