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rout (M.A.)     29 December 2013

Grand father property.

Hi Experts,

     I am belongs to a joint family with 2 brothers and 1 sister. My grand father purchased a plot 30 years back in my elder's brother name because at that time we all were minor. Now because that was a big property where we are staying now my elder brother wants to kick all of us(Even my mother) out from that property. Can i take any legal action on him. As per my understanding because property was purchased by my grandfather and at that time we all were minor and now we all are 18+ so we can also clam..Correct me if i am wrong..

 

Thanks

Rout



Learning

 5 Replies

Dr J C Vashista (Advocate)     29 December 2013

The property belongs to your brother, none else has any right, claim or interest till you have suffiicient evidence to challange the title/ownership.

T. Kalaiselvan, Advocate (Advocate)     29 December 2013

Though the property would have been purchased by your grandfather, it was bought on your brother's name by him, so it becomes the exclusive property of your brother and he is an absolute owner of the property with full rights to utilise the same and dispose it in the manner he desires so.  Neither you nor anyone can interfere in his peaceful possession and enjoyment of the property, besides, not entitled to claim any right or share in the property.  What was the age of your brother then?, if he was a minor, who was his guardian then?,  For benami transaction, only the buyer has got rights to prove, is your grandfather alive now? If he is alive, he can file a suit declaring the title of the property on his name on the basis of evidence in his  possession.

rout (M.A.)     29 December 2013

Hi Mr. Kalaiselvan,

        Thanks for your reply, My brother was only 18+ at that time when my grand father purchased the land . Me and my sister were minor that time.About my grandfather and my father both are passed away. One more question that i have spend lot of money with my father to build the building on that land which has no prove in pen and paper. My brother did not spend a single money to build any house on that place. So in that case also i cant not claim anything.

 

Thanks

Rout

T. Kalaiselvan, Advocate (Advocate)     29 December 2013

The title over the property can be disputed only by your grandfather because reportedly he purchased the property on your brother's name.  Your brother was a major by age when the transaction took place.  If you do not have any proof to prove that you and your father funded for the development of the property, you stand losing even the remote chances for a genuine claim of share in the property for the reason that the title is in your brother's name.  Arrange a meeting involving elders of the family, arrive at a consensus and solve the issues accepting with whatever solaces offered, arrived at through an amicable solution.  If your brother is still respecting the human values and afraid of his conscious, he may offer a share or money in lieu as compensation towards a share in the property, but if he feels that the material value is more than any human value, he may repent about his such decision one day when he is left alone by everyone to toil in lurch.

rout (M.A.)     29 December 2013

Thanks a lot Mr. Kalaiselvan for your valuable Suggestion..


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