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Brought property with brother after 30 years can I build a house on it


06-Jan-2023 (In Property Law)

I have bought a property jointly with my brother long time back and have proper RTC. From past 30 years he is paying all the taxes and has been staying in that property since beginning. Now I want to build house next to his house in that property. But he says he owns that property.What should i do..?

Answers (1)

Answer #1
95 votes

You will need to file a suit for declaration and possession with further reliefs such as permanent injunction. Your brother will not be able to claim title over the property using grounds such as adverse possession (that he has been occupying the property for a certain duration of time). Mutation entries and tax payments can only prove possession and not title. If you have the relevant property deeds then you would have a very strong case. Feel free to get in touch if we could be of any further assistance to you. 

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