What is the base for filling the case?
Chandra Sekar
(Querist) 06 October 2013
This query is : Resolved
we have a joined property owned by my father and mother,i built the top floor and my brother has occupied it.we are living on the sae building ground floor in 1 room but brother is enjoying the whole top floor with all the rooms built by me.So kindly advice on what base i must file the case to get back my bilt rooms.
Sudhir Kumar, Advocate
(Expert) 06 October 2013
since your father is co-owner your brother has stake in property.
you have not indicated who are other claimants so I am left to assume that you two brothers have no other sibling.
Your share is not demarcated so you have no ground to file eviction suit on a particular property.
You can file suit for participation wherein your share can be assumed to be 75% (based on facts given by you. 50% you get as joint holder and then as successor of father you get 50% of 50%=25%.
But as long as your father is alive you cannot seek division of his share.
In totality you are going to have a complicated litigation.
Sudhir Kumar, Advocate
(Expert) 06 October 2013
whatever you gain out of litigation it will never be worth the relation lost
Rajendra K Goyal
(Expert) 06 October 2013
Well advised by the expert Sudhir Kumar ji. Nothing mere to add.
