Property right
SKJ
(Querist) 16 September 2012
This query is : Resolved
Hello sir,
My father has passed away without any will. We are three brothers and one sister. We have a building with a shop on ground floor attached to where we live. My second brother stays in the first floor house for which i have put around 4 to 5 lakhs while constructing. The eldest brother opted to go out and now wants a share in the property. My second brother has been taking the rent of the shop and took 1.8 lakhs (1 lakh was taken in the beginning which was put for construction) extra advance from the shop keeper from which i did not get a penny. now i am asking them part of my money in the advance. they are not giving that and instead are trying to use it to construct second floor. First floor is much bigger with good light and ventilation while ground floor is smaller, in the sense ground floor property value is less than that of first floor. What should i do to stop them from constructing and to get my EQUAL share of the property???
Advocate Bhartesh goyal
(Expert) 16 September 2012
File a suit for partition of the property belonged to your father against your brothers and sister also pray for injunction for restraining them not to sale/transfer the disputed property to anyone and do not disturb you to enjoy the property.
SKJ
(Querist) 17 September 2012
Sir, we have not made any khatas as of yet. The property is still in my father-in-law's name. Documents are with his second brother. Is it possible for him to sell or transfer property without our knowledge and secondly, does my sister-in-law also have a share (equal/partial), she was married in 1989???
