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Joint-Ownership Property Dispute between Twin-Brothers what to do
14-Dec-2023 (In Property Law)
My husband and his brother are twins. They have purchased a self-occupying joint-property eight years ago. His brother now intends to get that property ownership and hence create conflict always. Hence we left that house once he agreed to give settlement as "Release deed". Sale deed is with his brother. Now his brother creating an issue that he won’t be giving settlement. Please suggest on how to get Release Deed with Settlement from his brother.
Since the property has been purchased by both the brothers jointly out of their own income, both are the joint owners to the property.
There is no such rule that your husband's brother has to execute a registered release deed or settlement deed in your husband's favor.
Your husband cannot force him to do so as per law.
Since the property is jointly owned property, your husband has 50% share in it hence he can very well seek partition and separate possession of his share in the property by first issuing a legal notice for an amicable partition.
If his brother is not accepting or willing to go for an amicable partition then your husband may approach a jurisdictional civil court seeking partition and separate possession of his share in the jointly owned property.
He may also file an application seeking interim an injunction restraining his brother from not to create an encumbrance or alienate the property till the disposal of the partition suit.
There is no such rule that your husband's brother has to execute a registered release deed or settlement deed in your husband's favor.
Your husband cannot force him to do so as per law.
Since the property is jointly owned property, your husband has 50% share in it hence he can very well seek partition and separate possession of his share in the property by first issuing a legal notice for an amicable partition.
If his brother is not accepting or willing to go for an amicable partition then your husband may approach a jurisdictional civil court seeking partition and separate possession of his share in the jointly owned property.
He may also file an application seeking interim an injunction restraining his brother from not to create an encumbrance or alienate the property till the disposal of the partition suit.
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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