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anupa (self)     12 April 2013

How to settle this property issue?

A father name gopal purchased a shop in his younger sons name anad due to his wifes request.But during the sale deed undercircumstances the younger son was not available to sign as he was studing out of town.Because it was to late to do any changesin the sale deed, father took the elder son anup to sign the sale deed as anup was 19 at that time and the younger was 15 father realised it was not be proper to sing it by a minor.but little did he know that anup signed it on the younger brothers name anad .the issue is after he bought the shop father and the elder son started looking after the bussiness.after say 8 years after the purchase the elder son son started his own business with the help of his father in the same shop.He enjoys a power of attorney from his brother as well as a lease from his father.today it have been 16 years that he enjoys the possesion of that particular shop.Now the father is dead and the younger brother is become big.the elder brother spent all his time to manage the business and took care fo that particular place.it is observed that the younger brother is making moves to vacate the elder brother from the premises.

Now whats the best way out .

1)does the elder brother have any legal choice if so what?

2) what shall he do if he is told to vacate?

3)Is it easy for the younger brother to vacate the elder brother who hold th licences on his name for the last 15 years?

4)what do you suggest?



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 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     12 April 2013

If the property is in the name of Anad.. Then it is belongs to him. As a guardian the elder brother might have put his sign on the papers.. Now Anad has to give declaration letter to the revenue authorities that he became a major and ratify the documents accordingly.

anupa (self)     12 April 2013

yes i agree that its in his name but what about anup he spend his life time looking after the shop.what he will do now as he have a family?


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