flawlessking (programmer) 26 November 2019
Kishor Mehta (CEO) 27 November 2019
flawlessking (programmer) 27 November 2019
Kishor Mehta (CEO) 27 November 2019
SHIRISH PAWAR, 7738990900 (Advocate) 27 November 2019
Dear flawlessking,
You have very good case against your brother. You should approach civil court and initiate legal action.
Regards,
G.L.N. Prasad (Retired employee.) 27 November 2019
The presumption in a joint family is that it is always joint, unless and until it is established that there was an earlier partition, and the property was divided in metes and bounds and reduced in the form of understanding. Your brother can not claim exclusive rights because the property was in his name alone as he remains undivided on record and it is his burden to prove the manner in which he has acquired the property.. Your brother is a trustee of your entire family. Unless entire process is studied through documents, offering any guidance may not serve your purpose.
Contact a local advocate and seek partition of the Chembur property by issuing a legal notice and depending on such response proceed further remembering that litigation is always time-consuming, expensive and disturbs the peace of mind and relationship.
P. Venu (Advocate) 27 November 2019
The best option is in the filing a suit for pertition, including the property in possession of the brother with the pleading it is also part of the common family property having been purchased with the late father's property.