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Feel cheated by brother for not giving share in property
25-Apr-2023 (In Property Law)
Recently our family got amicable separation where my brother ànd I got a property worth 20 crores this property had two deeds but on undivided land.My brother had taken a loan of 5.75 crore from a bank.During the separation he had committed he would free my deed and give it to me since the land was undivided it wasnt possible He forced me to take 4 crores and free myself from the property or wait infinite period unless he is able to clear the property from the bank.he knew I was in debt and my current business would be lost if I wouldn't have listened to him and agreed Now I want to teach him a lesson for taking undue advantage of my situation do you think I stand any chance or I have lost the battle. Not to forget their is a third deed also in the property which is in my mother's name but since she is under his influence also and helpless in doing anything but at the same time she won't stand for me that is also clear. I am a hindu by religion and my father expired long time back. how can i get my share??
The following documents are required to be perused for your legal relief:
A) property deed stated to be undisputed.
B) jointly hold property Deed under mortgage against which loan taken.
C) Loan agreement.
You may surely appreciate that considering financial and legal stakes associated with your stated issue a suitable legal strategy is to be worked out for your legal relief.
Please contact lawRato for arranging a legal conference, if you so desire.
A) property deed stated to be undisputed.
B) jointly hold property Deed under mortgage against which loan taken.
C) Loan agreement.
You may surely appreciate that considering financial and legal stakes associated with your stated issue a suitable legal strategy is to be worked out for your legal relief.
Please contact lawRato for arranging a legal conference, if you so desire.
Helpful?
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Adv. Goutam Majumder
Kolkata | 200+ Answers
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Dear client,
Your question is bit ambigious,as without your signing when you are one of undivided owner of a property it cannot be mortgaged without your consent and without your being party in any documents relating to mortgaging it to bank.
In case if you were not party to the mortgage to bank you are not liable to its terms and condition and in that case you can file a suit for partition of your share in the said property and state in the plaint that the original documents are in cutody of your brother.
And it is pertinent to mention here that even if you were party to any documents pertaining to the said bank if the loan amount is not reimbursed to you then can easily file suit for recission of contract in between you and the bank .
The whole things depends upon your feedback and documents.
And as far as payment of Rs. 4 crore by your brother to you is concerned the documents entered in between you and him to that effect is very much important.
Your question is bit ambigious,as without your signing when you are one of undivided owner of a property it cannot be mortgaged without your consent and without your being party in any documents relating to mortgaging it to bank.
In case if you were not party to the mortgage to bank you are not liable to its terms and condition and in that case you can file a suit for partition of your share in the said property and state in the plaint that the original documents are in cutody of your brother.
And it is pertinent to mention here that even if you were party to any documents pertaining to the said bank if the loan amount is not reimbursed to you then can easily file suit for recission of contract in between you and the bank .
The whole things depends upon your feedback and documents.
And as far as payment of Rs. 4 crore by your brother to you is concerned the documents entered in between you and him to that effect is very much important.
Helpful?
10+
10+
Adv. Vikram Ojha
Kolkata | 200+ Answers
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How did you got freed from your property by giving only 4 crore i think it is required to peruse the document if you have executed some deed in favour of your brother that should be disclosed properly. I think discussion is needed for having a way out.
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Adv. Bibaswan Mukherjee
Barasat | 100+ Answers
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Everything and anything can be done. But everything has a price, I hope you are smart enough to understand. Now coming back to the matter at hand. None of the lawrato partners will be able to help you until and unless you show them the papers. Papers which you have signed related to property with your brother ambicaly.we need to see the papers which you have signed while taking the 4 crores. First we need to assess our damage then after that we will consolidate our situation and later on we will charge. All this will take time and money both . Contact lawrato from there you will get my mail ID by paying a small token amount thereafter mail us and we will provide you with a date and time so that you can come and meet us as I represent a firm situated at High Court Calcutta.
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Adv. Rahul Uday Singh
Kolkata | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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