Family
gopal ochani
(Querist) 20 November 2013
This query is : Resolved
The Land is in my Father Name, we three brothers construct the building in the year 1990, we made co-ownership agreement at that time becomes equal partner in the building 25% each.
I am not residing at that building Now, My Father and 2 brothers stay there.
My Brother stolen the co-ownership agreement, and forcefully ask my father to do WILL. My Father Made Will in favour of my brothers. Only 12% in my name.
I have not any proof of co-ownership agreement.
My Question is can i suit case against my father and brothers.
I have Only Some Bills, Material purchased and labour charges paid voucher only.
T. Kalaiselvan, Advocate
(Expert) 21 November 2013
If you have proof for having financed/invested in the property construction/development, you may file a suit seeking partition and separate possession of your share in the property, while simultaneously file an injunction petition also restraining your father and others from alienating/encumbering the property till the disposal of the suit.
malipeddi jaggarao
(Expert) 22 November 2013
Is co-ownership agreement is registered one or unregistered one? If it is unregistered one, as the land in your father's name (Might be self-acquired property), he still keeps his right to deal with the property in whichever way he deems fit. In the given case all your brothers and father is one side and you are on the other side. Unless you have concrete proof that you have contributed your money in the construction, your chances to contest the Will are bleak.
