First fioor built on undivided property

Querist : Anonymous (Querist) 23 November 2011 This query is : Resolved
My father has constructed ground floor and died 15 years back. Myself and other 1 son and 1 daughter are legal heirs of the said property.

I have constructed first floor on the property in 2004 by availing bank loan for Rs. 7 lacs. Plus Rs. 5 lacs out of my pocket (totally Rs. 12 lacs). Currently outstanding loan is Rs.4 lacs.

The bank loan document was signed by all the legal heirs but EMI is being paid by me as I am occupying the first Floor. The ground floor is rented and rental income is collected by my mother.

Due to financial crisis, I am finding it difficult to pay EMI. Hence I have decided to relinquish my share in the property and also EMI paid so far & additional spending of Rs. 5 lac also and requested my brother and sister to take the entire building equally and bank loan also.

Hence I requested legal heirs to allot one vacant land which is registered in my father’s name in lieu of relinquishment of my share in the building.

Now my brother and sister are objecting my request and given following options

1. Settle the entire loan from my sources and relinquish my share in the building the get the vacant land. Hence they can share the building equally.
2. any one will share the outstanding loan equally (i.e 2 lacs to me and balance 2 lacs to another) but he or she will not pay back my EMI amount paid in over the years and additional spending of Rs. 5 lac.

Please suggest me on the followings

Can I get back the EMI paid and extra spending of Rs. 5 lacs

Can I make them to share equally in EMI as loan document is signed by all.

Any other solution is available

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Shonee Kapoor (Expert) 23 November 2011
This is an family agreement, they may agree to it or may not agree to it. Legal solution for the same has to be very tedious.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Rajeev Kumar (Expert) 23 November 2011
I agree with Mr. Kapoor

prabhakar singh (Expert) 24 November 2011
If amicably not resolved it would be possible
only by a civil suit for which you are advised to visit a local civil lawyer.

Raj Kumar Makkad (Expert) 24 November 2011
I do agree.

Devajyoti Barman (Expert) 24 November 2011
Yes do as advised.

Sailesh Kumar Shah (Expert) 26 November 2011
Try to settle amicably, it would be better for everyone. in failure to amicably settlement, go to the civil court.

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