Auction
Guest
(Querist) 03 October 2012
This query is : Resolved
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ajay sethi
(Expert) 03 October 2012
rohit and rajeev both have share in ancestral property . it is better to settle issues amicably . rather than having one of brothers going to court and filing suit for partition .
Raj Kumar Makkad
(Expert) 04 October 2012
If mutual negotiations do not work then the only solution in the given case is to file a suit for partition and possession before the civil court of your area. So far as upper hand in the property is concerned, your father has a legal right to recover the share of the house tax with up to date interest from his uncle but merely on the ground that he got the auction cancelled, do not provide him and any preferential rights in the property.
Guest
(Expert) 04 October 2012
Dear Puranjay,
The statement that "your father(Rohit) got the property out of auction after paying the arrears" cannot be correct, as he did not get the property by purchase out of the auction. However, it can be safely said that he saved the property from auction by paying the arrears of house tax.
About his claim, "he should get the upper hand," is also not correct according to the provisions of law, if the property has been inherited, as both have equal claim over the property. It is another matter that his brother is liable to pay the part of tax amount what your father paid as house tax and becomes recoverable from him.
Better settle the dispute amicably in presence of some intermediary, failing which both the parties should not expect any benefit in the hands of law if the case goes for adjudiction, as both should have to be ready to bear with the huge expenses of litigation in addition to toiling in the courts.
Rest depends upon the individual wisdom of both the brothers.
prabhakar singh
(Expert) 04 October 2012
Your father has only one right and that he can claim the taxes paid.
