Property dispute among three brothers
03-May-2023 (In Property Law)
(i) We (three brothers say X, Y, Z) purchased a plot, got registered in our name in Ghaziabad without disclosing ratio of ownership. Land cost is borne by only X, Y and joint Housing Loan among all three (X, Y, Z). (ii) Dispute is with X, Y with one party Z. (iii) One written agreement signed among three parties which neither registered nor notarized. X and Y paid Rs. 7 lakh to Z in writing through agreement for construction of 2nd floor. As per agreement, each one is living in one separate floor (03 floor ; ground, 1st and 2nd floor - Z on 2nd floor). The ground and 1st floor were constructed by X and Y and in their possession. Z did not pay loan installments. Loan was defaulted and ultimately X and Y paid whole amount. (iv) Z filed civil suit for declaration for 2nd floor which he lost. (v) Now, X and Y are interested in evicting him i.e., land / property would be in name of two only X and Y by deleting name of Z. Under which law, such civil suit could be filed.
See as the property is registered in the name of all the three brothers and the deed is silent regarding the share of each so each brother would have equal share in the property.
As far as the non-payment of loan is concerned and other financial liabilities, the one who has defaulted can be made to pay for the same by filing a suit for recovery and specific performance of contract etc.
As far as the non-payment of loan is concerned and other financial liabilities, the one who has defaulted can be made to pay for the same by filing a suit for recovery and specific performance of contract etc.
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