Brother having possession and not giving share in property
10-Feb-2023 (In Property Law)
Religion: Hindu; Parents both decesed; we are 3 brothers and 2 sisters; I have a DLSA from the court, that I get 25%; other two brothers 25 % and last 25% in my father name ( now he is no more); I have bought one of my brother share and he has signed on DLSA that by taking money he has transferred his share to me. The brother who transferred, is having possession of the house and not moving out. How can I get my 55% share on the house? (25% mine, 25% of one brother in lieu of money given, and 5% of my fathers share (we are total 5);
You will have to file a civil suit for partition in the civil court and also, file an application demanding the execution of the order of DLSA. If problem still persists, According to the Order 21 Rule 35 (3) and Rule 97 CPC
These two Rule provides a right to the Decree Holder to complain against a person, who creates resistance in the execution of the decree.
These two Rule provides a right to the Decree Holder to complain against a person, who creates resistance in the execution of the decree.
Firstly if the matter is settled in Lok Adalat( DLSA) and shares are crystallized through order of the Court as per law or agreement amongst you then there will be no appeal or further agitation in the matter( only if your sisters were parties to the settlement...this I am opining because it appears that your sisters had no share in the properties according to the facts furnished by you.). If you had bought the share of your brother and entitled to 50% plus 5% in the house then you can file a suit for partition claiming separate possession of your 55% Share in the property .
Dear Concerned, In response to your query, You can comfortably claim your share of (55%), as stated by you through metes and bounds and by filing a Partition suit & proving the purchase made earlier from your sibling.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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