Dispute between brothers on death of mother
shambhu kumar
(Querist) 29 May 2013
This query is : Resolved
sir,
a mother had a registered title of 2 decimal in bihar. she made a one story house in it and divided among two sons in 1994 equally and mutually (but verbally), dully partitioned by separate wall after that both her son made two story house separately and she died in 1998 intestate. she has a married daughter also. her younger son continue to pay revenue tax. However, now it is learnt that her elder son has mutated the entire property in his name in 2001 without his your brother knowledge. her younger son do not know whether the property was gifted to elder son before her death or not.
kindly advise for safeguarding interest of younger son.
Devajyoti Barman
(Expert) 29 May 2013
To settle the score once and for all it is advisable to file suit for partition by metes and bounds.
Raj Kumar Makkad
(Expert) 29 May 2013
The alleged gift cannot be oral. You need to file a suit for partition and possession involving even your sister so that your brother may bring true facts before the court.
shambhu kumar
(Querist) 03 June 2013
sir,
since, the younger brother and elder brother are living separately for about 20 years since the verbal partition made by her late mother, can elder brother file suit for vacation of premises on the basis of title (if any)
