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patric (owner)     20 March 2010

whats the best to do?

the thing is that the property is full of tussles.firstly the brothers are not in good terms.Its always been that though the premises is in the youngers name the ownership was enjoyed by the elder from the time the elder and the father was running the business . now the father is expired the place is fully developed by the elder and things are becoming complicated for the ownership. the problem is the elder had put his entire life after the shop and now the younger is well educated then the elder.the premises is in the name of the younger.So one fine day when they were having an argument the younger told the elder to vacate the shop.he came to me after lots of findings we found that the agreement itself is null n void so the elder told the younger and from then there is no problem for the elder now the whole thing is who enjoys the rights is it the possesion holder the owner of the premises or the person who sold or else what is the best to do for the elder brother



Learning

 4 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     21 March 2010

Legally who so ever is defined as owner in the title deed but such things can be rebutted saying that the property belongs to joint Hindu family and so an amicable partition is required seeking partition of entire property.

 

File a civil suit on behalf of elder brother.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     22 March 2010

I agree with Mr.Makkad

Seeking partion by treating the business and property as joint family property will be a right solution.

Bipin Gupta (Manager - Land & Legal Documentation)     25 March 2010

For how long has the elder being enjoying the posession of the property?

If the enjoyment is more than 12 years then there is a strong case of title by virtue of adverse posession.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     27 March 2010

Mr Bipin Gupta

Plea of adverse possession is not available against co-owner and not applicable in joint family properties.


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