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DISPUTES BETWEEN BROTHERS;AND THEIR FAMILIES OVER JOINTFAMILY PROPERTY


07-May-2023 (In Civil Law)
Hindu joint family property,property belongs to two own brothers equally.the share of elder brother were given to him and he is cruel minded and enjoying the younger brothers property too.,he dominated the younger brother and made him to sign on an unregistered document,but current bills of houses and land document are owned by younger brother even today,but the rents of those houses were enjoyed by his elder brother after the death of elder brother his family is enjoying the rents .,over 12 years.,how to proceed through court,the younger brother is illiterate and innocent
Answers (2)

Answer #1
745 votes
HI
Any unregistered document is not a valid document in eyes of law and hence the unregistered document is of no legal value.
b) According to section 54 of the Transfer of Property Act, 1882 (4 of 1882) right, title or interest in immovable property can be transferred only by a registered instrument.
The younger brother should issue notices to the tenants to pay the rents directly to him and also demand from elder brother something called mesne profits by filing a suit application.

Answer #2
742 votes
File suit for partition, as your signature on unregistered documents are not valid. If any threat is there from your brother you can also file a criminal case against your brother. If you desire you can also file a case for recovery of rents.

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