Removal of co owner share on the basis of not obeying mutual agreement

994 votes

You will have to file a civil suit for the breach of agreement in the court within whose jurisdiction the house is situated and have to file a copy of the agreement entered into with your brother along with the plaint.

Advocate Ananya Mishra LawRato

516 votes

Yes sir if Z has not paid back his loan amount and its mandated in the agreeement, then its a breach of contract snd trust and rsther you cnan file another criminal case against him. The property wil lthen be divided between X and Y , and the new deed will be registered in the name of X and Y only. Since X and Y obeyed with the agreement and paid their share thereby they wont be liable for the acts of Z.

LawRato LawRato

957 votes

Yes the share can be acquired. A petition under specific relief act needs to be filed to make sure that either the brother pays his share of the amount to your brothers or forfeit his share in the property

Advocate Mayank Soni LawRato

799 votes

(i) One house in joint three brothers (X, Y and Z) name. However, the entire cost of purchase of land was paid by two brothers (X and Y) only and a joint bank loan. The registry deed does not mention on ownership of each brother. (ii) An agreement was executed dividing the house in three-part floor wise and roof on the joint basis. Although Z never obeyed the same and did not pay the bank loan although it is mandated in a written agreement. (iii) X and Y paid the bank loan through negotiation as the bank intend to sell the house. (iv) At the same time, Z became violent and three criminal cases are lodged against him and his wife. (v) Can we acquire their share and if yes under which rule. Please contact e i will help u for the same

Advocate Prateek Kohli LawRato

777 votes

In my opinion, the law allows you to file a Suit against your brother and recover the amount that he was supposed to pay towards bank loan.
Regarding the sale deed, i do not understand what you mean by saying that ' it does not mention the ownership of each brother'. If you mean percentage wise then by default it is 1/3rd. If his (Z) name is not mentioned then he is not an owner atol and you could simply file for eviction.
Kindly feel free to contact me in person for detailed advise and understanding.

Advocate Vanshdeep Dalmia LawRato