karan (business) 19 May 2010

Property dispute turning Criminal

I am 70 yrs old living in Delhi.

I have posted same query earlier also but now my query is extended.

Hope i get guidance from these best minds once again.

I constructed a freehold house in Delhi in 1970.

While registering the house, I registered it in my name and my younger brother's name with my name being the first name and brother's name being second name.

My brother died in year 2000 and now my late brother's wife and son says that they are co-owners since the registry has my late brother's name.

Now I have following queries:

1. Just by putting my brother's name in the registry, will his heirs become co-owners of the house.

All the construction and purchase of plot has been done by me using my salary bank account and I have all the pass book proofs for that. Also I have income tax deptt clearance for purchase of the plot. All the electricity meters, water meters and house tax receipts are in my name since the house has been constructed.

2. I live at first floor while my brothers wife, son and daughter in law lives at the ground floor. I want to get it vacated now as living together is not possible now. How can I do that? I got suggestions here that I can file a suit of Declaration and possession for the ground floor. Is that the right way to do it? What are the chances of loosing the case?

3. MY electricity meters are installed on ground floor and my late brother's son tampered one of my meter and Electricity board challaned me of Rs 50,000. Seeing that, now I have placed a lock over the control box. Seeing the lock in place, my late brother's son fought with me and my wife and broke open the door which forced me to call the police.Question is: Since all the electricity meters are in my name, do they have any right on the control box access? In future if he tries to break the lock, what action can I take?

4. Recently in the fight over electricity meters, my later brother's wife and son said that they want to construct 2 rooms on terrace. Do they have any right on terrace since first floor is in my possession. The house contains only 2 floors: Ground, first and barsati.

5. My late brother's son keep on troubling us by doing such nuisense activities and threatens us of life also. I have lodged a complaint regarding same in the police. Do I need to take any other action?

I never knew that just putting my brother's name just as a token of affection will punish me.

Kindly help me. Thank you and god bless u.

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6 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor) 20 May 2010

you have to prove that the property is purchased by your income and the name of your brother on title is Benami

Premal Patel (LAWYER) 20 May 2010

YOu need to check your sale deeds , the documents that is registered ,if u have sufficient proof to substatiate that the property is owned by you only then you are in a better position.

You also need to check incase there is any family arrangement between you and ur brother saying that your brother too had an equal or a percentage of share in the propert disputed.

suit of declaration could be fine if you have facts right and sufiecient proof .

karan (business) 20 May 2010

There is no such agreement watsoever stating anything. I have enough documents to support my argument. And I also know that the other party has no proofs except the house registry which they have stolen. Registry contains both our names as stated.

karan (business) 08 June 2010

My humble request if anyone provide answer to my above points pointwise. I am totally depressed now as things are getting worsened now..please help me.