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Elder brother kept parental property papers not giving to build house


03-Feb-2023 (In Property Law)

please suggest, my properties are situated in delhi region,my father was died 16 year back. Mother gave fathers govt. Job to eldest B1 brother.Mother run shop, rental money, all money was taken by B1.B2 , B3, B4 grow with time and started earning they also start depositing their earning to B1.B2 got married then he said lets build the house G+4 to accomodate the families of all , he don't reply and taking money.Now B2 , B3 , B4 , M are ready to construct the house (another house ) but B1 was managing every thing , he has kept property papers with him and not giving papers to build the house

Answers (3)

Answer #1
538 votes
You will have to file a civil case for partition on behalf for the mother and your brothers and take a stay on your property
Once that has been done the court can direct the brother to deposit the property papers in court
Answer #2
708 votes
The property is to be settled by family settement. If your brother is not agreeing then you have no option than to file a suit for partition by metes and bounds.After obtaining preliminary decree you file execution:
Answer #3
571 votes
Sir,

If the same property is a self acquired property of your father, then you all have a equal right in the property if the father has died intestate, But if the same property is an ancestral property then the boys in the family will have right over the property, but the daughters will not have the right because of the recent supreme court ruling.

So if you being a boy can seek partition of the property as a class 1 heir.

Warm Regards

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