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harshal ghorpade (personnel officer)     19 March 2014

Disputed property between brothers

Dear all

i need your valuable advise, my grandfather have 3 sons my father is older than 2 others. my grandfather were died 8 years ago. he were built home for his 3 son separately. the house where our family living currently transferred to the name of my father with mutual understanding between brothers that they got equal amount by grandfather to construct there own hoses. both uncle have constructed their houses, middle uncle is living separately in his own house, but there was oral agreement between my father and youngest uncle that uncle said let me stay in your house until my loan become nil.  my father agreed with request made by uncle. Now uncle have fully paid their loan as well as completed his house construction from last 10 years. my father continuesly told him that leave my house,you have fulfilled your conditions. but now he refuse to leave our home and he saying his right on our home.

   if all the documents related home in the name of my father, could he make demand for share in our house.
and if he doing so . what action can be taken by my father. if we want sale our house so could we sale it or not?...

reply soon .



Learning

 3 Replies

Biswanath Roy (Advocate)     20 March 2014

Let your father to file a civil suit ( declaratory ) against your uncle with an injunction petition under order 39, Rule 1 & 2 read with section 151 of C. P. C TO RESTRAIN YOUR UNCLE FOR USING AND OCCUPYING ANY PORTION OF THE SUIT PREMISES.

T. Kalaiselvan, Advocate (Advocate)     21 March 2014

File a suit for eviction and mandatory injunction against him, consult a local lawyer.

k.Ashokkumar (Deputy manager)     22 March 2014

Dear sir,

 Please discuss with ur uncle with the help of your family elders.If he refused to vacate,You may sent the legal notice to him through a lawyer,If he sent negative reply,then you may file a suit asking declaration and permanant injunction based on the documents available with you.A representation from a good lawyer is a must. Also confirm the propety parent document before filing the suit.If the documents are not

supporting your claim then it is better to handle your uncle  with help of elders.

Regards,

K.Ashokkumar.


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