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Brother want to cheat after dividing property as per mutual agreement.


23-Sep-2023 (In Property Law)

We have a small house bought by my father 6 decades back. We are 3 brothers. And my parents are no more now. Due to some family dispute we decided to split our shares which we did on mutual understanding. Important thing is we lost oiriginal papers and as per records house was still on name of its first owner. And while splitting my eldest brother did registry of his share & while me & my other brother decided to do it later. But later my other brother did registry of his and my share on his name without letting us know. Now he wants us to leave this house without paying us even single penny.

Answers (2)

Answer #1
886 votes
As father bought the house, he became owner even if mutation continued in the name of earlier owner. On death of father, three sons inherited in equal shares. There is no occasion for any fresh registry in favour of any of the sons. Each of the three has right to get his name mutated and to transfer the same. Civil Suit for declaration and injunction may be filed.
Answer #2
676 votes
Sabse pahle elder brother dwara ki saledeed ki certified copy ligiye aur uske aadhar per pure makan me apna share 1/3 dikhate hue apne 2nd brother ke againest civil court me saledeed cancellation + permanent injunction ka suit dakhil keejiye.

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