Elder brother transferred the property to his name without NOC from us
16-Mar-2023 (In Property Law)
L.D.A flat is allotted to my father in 1965,after the death of my father that flat is allotted to my mother,after the death of my mom,My elder brother with out taking N.o.c from me and my sister approached the LDA(Lucknow development authority) and allotted the house in his name. It is to be noted that my elder brother already has a house. So, when I approached the LDA they told me that house cannot be allotted to neither of us since my brother already has a house (according to eviction act 1972 updhara 12). My brother's family include a wife and 4 children and my family includes wife and 3 children. So, my dilemma is whether I would be included in his family or not?
You need to go Lucknow Development Authority and give application for it.
Advocate
Arvind Kumar Pandey
Raebareli
Contact for more clarification.....
Advocate
Arvind Kumar Pandey
Raebareli
Contact for more clarification.....
Your borther has got mutation done in his favor which does not determine the title ownership of the property. After the death of your mother, you three are legal heirs of the property with equal share. You need not to be the part of your brother's family as you, yourself are a legal heir with one third share. Get LDA documents, meet some competent lawyer and file a declaratory/injunction suit. You would get your share.
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