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Procedure in case mortgaged property illegally occupied by brother.


08-Jan-2023 (In Property Law)
Dear Sir, I had purchased a land in 2000 and the constructed a house there with my self contribution and bank loan. I moved in to my new house in 2006 with my parents and younger brother. But due to different family conspiracy I had to left from the property 2008 but all the belongings were there. I visited the property sometimes in a year but due to my mother and brother not able to stay there. Since 2016 I have not able to enter the house as my brother and brother started threatening and forcefully restricted me to enter there after my fathers death. I am still repaying the home loan but not able to access the property even though all the papers in my name only. Please suggest what I can do to get back my access and make freehold my property. Any advice will be appreciated. Thanks & Regards B Bakshi [email protected]
Answers (2)

Answer #1
544 votes
Is your mother alive ? If mother is alive the matter will have to be dealt differently. If mother is no more then eviction suit will have to be filed. against brother.

I mother is alive, a suit may be filed for entry into toe house and live there.

However, please ensure that no money has been taken from your parents for building the house.
Answer #2
516 votes
Respected Sir
I read your message very carefully and I like to suggest you to file both criminal and civil case and other necessary action is taken care by our legal team to assist you to bring all the property.

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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