Property sharing
Santhosh
(Querist) 29 March 2012
This query is : Resolved
Dear Sir,
My brother bought the house in 2002 with loan. house was registered in the name of my father and my brother.
It was verbally agreed that, I should take care of household expenses and brother pays loan. We all agreed.
He completed the loan in 5 years.
After that, we bought another property [1st property was mortgaged to get loan] and I was paying the loan EMI. But this property was made in the name of my brother and myself.
Dad, my brother and me agreed that, my brother takes care of house expenses and i pay the loan. Since surety was on 1st property, brother name was included.
All three of us agreed that, once I complete the loan payment, 2nd property will be made in my name.
Now I completed the laon and handed over the 1st property documents to my brother.
But, Now he is refusing to register the 2nd property in my name.
Can I win my claim on 2nd property?
Please provide suggestions
Shonee Kapoor
(Expert) 29 March 2012
Oral agreement is valid in family settlement./
If your Dad is on your side, you can get the same registered in your name.
This would include a long battle though, so it is better if the things can be sorted out amicably.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Santhosh
(Querist) 29 March 2012
Thanks for the response sir.
Sadly, my dad is with my brother :(...
I will surely try my best to sort it out amicably.
Shonee Kapoor
(Expert) 30 March 2012
Then you have no chance of succeeding, even if you move court :-(
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Santhosh
(Querist) 30 March 2012
Dear Sir,
I have one email in which my brother mentioned that, he would register the property in my name. will that help ?
Regards,
Santhosh
prabhakar singh
(Expert) 30 March 2012
That may help to prove the case you have.Consult a local lawyer.