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Ravi (AGM)     12 January 2011

Partition of House Property

Sir,

My dad had a property which was a joint property shared by my dad and his brother.  I stay with my mother and I have a sister and brother.  After my father's death suddenly, I executed the partition deed between my uncle and the other portion as joint owners (which included my mother, sister, brother).  The money was spent by me in completing the documentation.  When my father was alive, my father brought a site for the welfare of the family and he registered it in the name of my brother since, he was not employeed and he had no source of income.  It was a family understanding between us that the house which I am staying belongs to me and the site belongs to my brother, since I spent considerable amount in building the existing house along with my father.  After my fathers death I continue to pay my property tax, electicity bill, water bill etc.

My brother constructed a house recently and I helped him financially with cash payment which was not documented and I transfered some amount thru bank transfer.  I also helped him in setting up the house.   Since we were in good terms I did not document the money given.  My brother does not stay with me and he shifted to the new house.

I have also helped him getting a housing loan standing as a guranter.

Now my brother came home and created some rucus and threathened that he will file a case for claiming the portion in the property.

My mother and my sister are in support of me since this was communicated by my father when he was alive. 

I would need you advice as to how do I defend my case and what will be the outcome of legal dispute? and can I withdraw as a gurantor and how do I prove that I have paid him money.



Learning

 2 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     12 January 2011

Dear Ravi,

You have not specifically stated that whether in the partitiion deed between ur uncle and you family members, is the property specifically allotted to you or not ? Whether in the said partition deed your mother, sister and brother have relinquished their rights in favour of you or not ?

Ignorance of law is not excusable and without showing evidence, there will be always a threat from ur brother.

once, you have agreed to be a guarantor to the loan and you cant go back in the middle of the loan period.

 

Ravi (AGM)     16 January 2011

Sir,

The property was partioned and it is in the name of 4 or us (me, mother, sister and brother).  My sister and mother have agreed to relenquish there share.

What is the alternative on the gurantor issue?


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