What if my brother has fraudulently taken possession of my property?
29-Dec-2023 (In Property Law)
WE ARE 3 BROTHERS,PARENTS DIED & NOMINATED ALL 3 AS NOMINEE OF 1+2 FLOOR HOUSE. EACH ONE HAS ONE FLOOR.FEW YEARS BACK DUE TO LESSER SPACE I SHIFTED TO NEW FLAT WITH MY FAMILY.KEEPING THE GR.FLR.LOCKED. THEN BROTHER TOLD ME TO ALLOW HIM TO LET IT SO THAT THEY CAN MAINTAIN THE HOUSE. AS A FAMILY I ACCEPTED & HE LETTED IT FOR 3 YEARS. THEN I REFUSED TO LET IT AS MAINTAINING HOUSE ENTIRELY WAS NOT MY RESPONSIBILITY & SINCE THEN IT WAS LOCKED. AS & WHEN RQUIRE I GO & DO THE CLEANING. DAY BEFORE YESTERDAY MORNING I & MY SON WENT TO CLEAN IT & FOUND ANOTHER LOCK AFTER ENQUIRING THEY SAID THEY LOSSED THE KEY. SO I BREAKED THE LOCK & THEY WENT TO POLICE. POLICE TOLD US TO GO TO CIVIL COURT EVENTHOUGH I CARRIED ALL MY DOCUMENTS LIKE,AADHAR,PAN,PASSPORT,ELECTRICITY BILL,PIPE GAS CONNECTION PAYMENT RECEIPT,MY PARENTS NOMINATION FORM WHEREIN MY NAME IS APPEARING & MY MONTHLY PAID MAINT.BILL. THEN I SPOKE TO MY BRO-IN-LAW SO HE SAID LET US GO & RESOLVE THE ISSUE. WHEN WE REACHED THEY DIDN'T OPEN
If the portion the house belongs to you and is in your possession then we don't have to go to court.
But when it bongs to you and your brother have claimed and put a lock over it , if the property is in his possession then you'll have to file a suit in civil court for deceleration of the suit property in your name by producing all the relevant documents before the court. And also have to claim the recovery of the possession in same suit.
But when it bongs to you and your brother have claimed and put a lock over it , if the property is in his possession then you'll have to file a suit in civil court for deceleration of the suit property in your name by producing all the relevant documents before the court. And also have to claim the recovery of the possession in same suit.
Which form is used for changing the nominee?
Documents needed for a nominee change:
Form 3750. Form 3750. Policy contract (for endorsement).
Is a nominee a legal owner?
Declare a nominee as the custodian. A nominee is declared under the investment and assets. Legal heirs are the people who inherit the assets and they are usually mentioned in the will. 12-Oct-2023
Who is nominee for property after death?
The nominee holds the property on trust for the legal inheritors. In the case of flats or apartments in a housing society or condominium, the role of the nominee is to represent the legal heirs and not to replace the rightful legal successors. 29-Aug-2023
Your parents had made any will, if they had made a will please bring it to my office and met me, if they had not made any will, as per law nomination cannot be owner of the house, please bring all the property documents to my office address.
You can file civil suit for Declaration and possession of disputed property in Civil Court. Then you may get possession through Court.
Concerned Court then direct to your brother not to interfere your possession.
Concerned Court then direct to your brother not to interfere your possession.
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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