How to resolve property dispute
05-Jun-2023 (In Property Law)
Hi Its I have property which is in joint applicant with younger brother. But I m paying the EMI and the society maintance. Me and My family are staying and not my brother. Wanted a suggestion is he a co owner in my propery or do he has rights in future?
You have not cleared that who entered into agreement to sell. And on whose behalf.at present who is taking care of your mentally retarded uncle.For any suggestion it is important to go through wills made by your parents
You will have to file a declaration suit in the competent civil court having jurisdiction over the locality where the property is situated, along with the said documents like tax receipts etc. Also, remember there is no guarantee for the same, it is a case of adverse possession as the grandfather gifted the said land to your father but if at that time, he had any grandson who was born prior to the said transfer of property, then the said claimants have the right to claim the said property. However, as per the doctrine of adverse possession you have a strong hold in the said dispute. Engage a lawyer for the same and proceed with the declaration suit.
On Sept. 9,2005 the Hindu Succession Act 1956 ,which governs the devolution of property among Hindus was amended. After the amendment every daughter whether married or unmarried is considered a member of her father HUF and can even be appointed as ""karta" (who manage) of his HUF property. The amendment now grants daughters the same rights, liabilities and disabilities that were earlier limited to sons.However a daughter can avail of the benefits granted bythe amendment only if her father passed away after 9 sept.2005 .Also the daughter is eligible to be co-sharer onlu if the father and daughter were alive on 9 sept.2005. Secondly - Person has absolute right to dispose his self occupied property according to his own will. Your has transferred 50 percent land on your name. Whether the land was transferred by way of gift and gift deed was registered then u are the owner of the 50 percent land and that share will not be divided into 3 parts only the remaining 50percent part will be divided into 3 parts in your case i donot know in which way your father trasferred 50 percent land on your name .
If your father died before December 20, 2004 then your sisters can not claim any share in the said property. Now you are required to obtain a legal heir certificate from the office of tehsildar or a succession certificate from the jurisdictional civil court after that you need to apply for transfer of the said ownership title in your name in the registrar's office.
Hi,
There can be a solution to your problem. According to Hindu Succession Act, you have to share your ancestral property equally but if you don't want to sale you can stay there and ask for not selling the same as it your dwelling house
There can be a solution to your problem. According to Hindu Succession Act, you have to share your ancestral property equally but if you don't want to sale you can stay there and ask for not selling the same as it your dwelling house
Because your brother is a joint applicant, he becomes a co-owner in your property and in future, he has right as a co-owner . To know in detail, you can contact me on my mobile number or meet me in person.
Dear sir, the house is in the name of your brother as mentioned by you, then you has the right to construct the wall in the place as he being the owner of the house. if the property had been ancestral in nature you would have equal right in the property you could have stopped your brother legally by filling a suit for partition along with a stay application.
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