Property division and release deed
craj
(Querist) 01 January 2015
This query is : Resolved
I have three brothers and I am the fourth one and parents. We all agreed to split four houses for four of us and parents agreed to live with the first brother's house, since first brother got the farming land along with the house. The documents of Property Division and Release Deed are registered at sub-register's office. This was done on October 28, 2005. Since then, my three brothers and parents are living together in one big house and the other three were rented. My three brothers are now saying that they don't stand by the Partition Agreement and the Release Deed. I live in Bangalore, but my brothers and parents live in a small city in Karnatak. Please advice me on how I can get the one house, which is supposed to be given to me as per the Partition Agreement and the Release Deed. All houses are now on my first brother's name.
P. Venu
(Expert) 01 January 2015
First of all, you may get the mutation carried out in terms of the documents which have been registered.
Guest
(Expert) 01 January 2015
Consult a Local Good Advocate with all documents Copies and 30 years EC and other Relevant Papers and Serve Notice For your Demand with a News Paper Public Notice and Proceed Legally.There are chances they would come for a Compromise after this Or you could Achieve the Same Legally.
ajay sethi
(Expert) 01 January 2015
once deed of partition has been executed duly stamped and registered along with release deed your brothers have no share in your property . you are the absolute owner of the said house
Dr J C Vashista
(Expert) 02 January 2015
I agree with the expert advise of Mr. Ajay Sethi.
In addition you can seek possession of your share as received in the partition. If you are not getting the possession in normal discussion, issue legal notice followed by suit for possession, mesne profits and damages from your elder brother. Other brothers and father can be impleaded as performa party.
Contact, consult and engage a local lawyer.
T. Kalaiselvan, Advocate
(Expert) 02 January 2015
Agreed with the experts views, you may initiate legal process of action if your brother is reluctant and denying you the rights in the share of your property.
malipeddi jaggarao
(Expert) 07 January 2015
"The documents of Property Division and Release Deed are registered at sub-register's office."
"All houses are now on my first brother's name."
Both are contradictory. When the partition deed is already registered, how again these properties stand in the name of your first brother?
Practically you should be happy that your brothers are taking caring of your parents and living together as a joint family whereas you have find out your own livelihood. Why can't you wait?
Legally speaking, once the partition deed is registered, you are the owner of your portion of property and now nobody can go back on this issue.
First of all clarify me on my query.
