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Father's Property getting occupied by Elder Brother


05-Apr-2023 (In Property Law)
Hello, My father had a shop in a building. He had purchased that shop in the 80s. We are two brothers and we both have separate homes after our marriage although my father stayed with my elder brother. We were a cordial family. That shop was managed by my father and around the year 2000, my elder brother started to operate that shop as my father got ill due to his age. My father died in 2015 without any will. The shop now is a matter of contention. The apartment that the shop lies in is going to be reconstructed now. The shop was in my father's name but I am worried if my elder brother has got it transferred on his name. I have never asked for any share of profits or loss from the shop's business as it is their hard work or lack of it but if the shop is going to be sold, I feel I should get my share of the property? I have tried to speak to the builder who has assured me that he will not offer anything to my elder brother without involving me. What are my options here?
Answers (3)

Answer #1
744 votes
Hello. Sorry to hear about your issue. Looks like depending on Ur situation and case, you may need to file a civil or criminal case or legal notice depending on how is the situation m We can definitely help you with this. Do share your case details for further action. Regards advocate harshman chavan
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Answer #2
774 votes
the best option you have is to give public notice about your share in the property or vice versa u can also seek partition. you can send a notice to the society asking them to transfer it jointly in your and your brother's name. send a formal notice to builder as well.
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Answer #3
755 votes
File a partition suit and the matter will eventually be settled. That’s the most economical and ideal remedy to safeguard your rights. Make the builder also a necessary party to it and pray for injunction that he won’t create any rights in favour of your brother pending the suit.
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