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prasad (software engineer)     06 July 2011

Property Settlement among brothers

Dear Experts,

I need your advise in my case. my father has 4 sons and 1 daugher. lets say A, B, C, D and E. I have an eldest brother (A), elder sister (B), 2 younger brothers(D and E) and I am  the middle of the 5. And my position is C. My immediate younger brother D been adopted by my uncle ( my father's bother) since they dont' have any children. Now my parents passed away with out any WILL. My mother told to my eldest brother A to distribute the property equally among us and then passed away. And A told the same thing to all of us, also  proposed to build 5 houses in the same property after clearing the old homes. This involves to spend some money from every one's pocket to destroy the old homes and build the new ones.

At first all of us were fine with his proposal and accepted and just a day before the demolition starts, D objected to do so. D said he don't want to spend any money but proposed another solution like handing over the property to some builder and that builder will construct 10 houses, gives 5 for us and will sell rest with out spending any money from our pocket. Also D want the house to be East faced. But according to Vastu, A, C and E will get East facing houses and B and D will get west facing houses. Also he has lot of other restrictions which A, B, C and E are opposed of.

The other 4 (A,B,D and E) of us told him that we can settle amount to D if he wants, and we can go with the A's proposal. D said no to it.  D doesn't want to get away with the money and also objecting our proposal for construction.

By the way all 5 of us are well settled.


I have few questions about D's settlement

1. He has been adopted to my uncle and does he has any right on this property of biological parents?

2. What kind of proposal would settle this conflict. we all want him to have the property as per our hindu customs and we don't have any bad opinion about him. we also want to follow our customs and traditions.

3. Any law that support 4 of us, if so please explain. we may proceed legally against D if unavoided. but we don't want that happen.



Learning

 1 Replies

prasad (software engineer)     14 July 2011

Can some one please advise. I would really appreciate your comments/suggestions.

 

Thanks

Prasad.


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