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Procedure in case brother trying to claim share in property
25-Sep-2023 (In Property Law)
I had purchased a property in my name through allotment with clear title and registered in my name from development authority.My father filed a case stating he also funded the purchase and so is the co-owner. A mutual agreement between us was settled in the court stating that father will continue to stay in the house till he is alive and he has no claim in the property nor any of his other siblings have any claim or right in the property ,the sole owner of the property is i.e my name. After father's death, my brother is threatening that he will put a claim in court as he is not in agreement with court decision i.e mutual agreement, as he was not consulted nor party in that case. Kindly advise what actions and precautions should I take.
The Suit for declaration is to declare a right of the party/plaintiff and when the right is peratining to property , the suti is for declaration title/ownership and also for recovery of possession , if the plaintiff is not in possesion , if the plaintfiff is in possesison suti for delcaration title and Injunction not to interfere with the possession of plaintiff . It all depends on the facts of the case and rights of the party
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Adv. Vedashree A
Bangalore | 500+ Answers
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please let us know whether your father had paid any amount while purchase of the property?
As you had written that in a case filed by your father, there was a settlement between you and your father as regards his right and interest over the property, please provide us the copy of the settlement done in court case filed by your father.
Apart from the above mentioned facts if the property is purchased by you out of your own funds and in settlement you have paid any amount to your father as to not to claim any right over the property, then you can take a stand that it is your self acquired property and your brother does not have any right over the same.
The decision of the court will be binding upon your father and he cannot take revert back to you in the other way.
As you had written that in a case filed by your father, there was a settlement between you and your father as regards his right and interest over the property, please provide us the copy of the settlement done in court case filed by your father.
Apart from the above mentioned facts if the property is purchased by you out of your own funds and in settlement you have paid any amount to your father as to not to claim any right over the property, then you can take a stand that it is your self acquired property and your brother does not have any right over the same.
The decision of the court will be binding upon your father and he cannot take revert back to you in the other way.
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Adv. Sharada H V
Bangalore | 100+ Answers
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Whether your said brother is living with you in the same house? If not , just wait to see what he does. Matter of funding is some thing to be proved in Court. It appears the site is allotted at its normal value. As a precaution you can file a Caveat and wait to see what he does.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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