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Property Dispute with brothers
31-Mar-2023 (In Property Law)
We two brothers took loan from bank and built 3 floor house in Bangalore.
Bulit in with a loan of 25 lakhs in 2010. We had given Equal EMI for 9 months due to some other commitment we could not pay our share of EMI as we were staying in Delhi. EMI was paid by my brother since then, with rent of our portion of first floor given on rent. He is staying with my father in ground floor.
Two Houses are on rent with 12000 and remaining given by my brother. Now my brother is refusing my share saying he has been paying the EMI. We never stayed in this house it is always on rent and EMI is being paid with help of this.
My father sold his old house for 13 lakhs without my consent my brother took him in confidence and made the old house sell at cheaper price and repaid bank loan of 800000 remaining is still outstanding. Now I don't have share in property. And my name is stuck in Housing loan I Can't go for other housing loan because of this. Please advise on this.
if its own earned frm father no need to consent but here you have one good thing stuck in home loan then you can get your share just file partition suit and restrain to enjoy the propety untill finished your loan. if you need more information better consult us will give perfect solution based on rights.
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Adv. Vedashree A
Bangalore / Bengaluru | 700+ Answers
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1. just because of your brother paying emi on behalf of you, he can not get whole share of the property. As the loan is on your name, you can claim your share on the property.
2. I suggest you to approach a lawyer to issue legal notice to your brother.
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