question is attached
karan (business) 08 May 2009
I had constructed a house in Delhi in 1970 with my salary income registered in my name and
my real brother's name. My brother died in 2000. House is having grnd flr, 1stfloor and
barsati. I live at first floor and my late brothers wife, son and sons wife lives at grnd
flr. Now my late brother's wife and son says that they are the owner of the house. They are
currently living on ground floor and I am living on the first floor. House is having single
registry and on registry, my name is first name while my brothers name is second name. My
questions are as follows:
1. Can I get the portion back which I gave them for living as I made all the expenses
watsoever in constructing the house. I have income tax clearance also. Property tax is
always filled by me. All the water and electricity connections are in my name.
2. Do they have any right to sell, mortgage, modify or lease their acquired portion or any
other portion in the house?
3. Do they have any right on the common way and drive where cars are parked?
4. Do I have any right to construct more on the top of first floor?
5. Do I have any right on the common way and drive?
Is there anyway out by which I can get my house back from them?
adv. rajeev ( rajoo ) (practicing advocate) 09 May 2009
U have made a mistake by registering ur brother's name to the house. from going thru., ur question it is clear that u don't have any proof to show that u alsone has purchased the property and register the same in your brother'sname. Ur brother's wife and son have got right over the suit property because on the face it is clear it is the property of ur deceased brother. If u have any documents to show that house is purchased by you but it is regd., in your brother'sname, otherwise u have no chance to get back the premises.
From ur questions 1 to 4 ans is YES
karan (business) 09 May 2009
To prove that I alone purchased the property, I have my salary bank account details from which i debited money for the purchase of land and construction of the house. Also, I have clearance from income tax department. All the house tax receipts till now have been signed by me. Also, there was a case for house tax going on in which I always appeared for the hearing. Please guide if these proofs can help anyhow. I think income tax department clearance is the biggest proof.
karan (business) 22 May 2009
Someone please help me out and reply.