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Author Topic: Dishonoring Original Property Agreement  (Read 674 times)

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Offline C Raj

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Dishonoring Original Property Agreement
« on: December 21, 2014, 11:53:39 PM »
Hello Sir or Madam,

I have a father, one brother, and two sisters. My brother, his wife and my father have been living together for the past 25 years, although I have been visiting them once a year and supporting them financially. In 1990s, I sent money to my brother to build 3 houses, which are being rented and he is collecting the entire rent. When I was in abroad in early 2000, I sent more money to my brother to buy another site and build a house. Since I was in abroad, my brother bought the site and built the house. He got the building license in his name to build the house since I could not come to India and the license is still in his name.

In mid-2000, my father decided to split the property as if it was inherited: 3 houses built in 1990s to my brother (eventhough the properties were built by my savings) and the house built in early 2000 to my name (this was also built by my savings). We were all in agreement with such a split then as I wanted to help my brother who is not financially strong and is uneducated. I have the original document signed by my brother, myself, and my father, as well as notary signed agreement. My question is the following:

Do I need to register the Khata changed to my name for the house built in early 2000, eventhough I have the property agreement?

If my brother says he canít agree to change the Khata (registration) to my name despite having the signed agreement, what are the legal recourses for me to claim the house in my name before I sell it to somebody else?

I asked my brother to vacate my house (built in early 2000) in which he has been living for free. He is not ready to do that. Can I evict him legally?

My father is in favour of me getting the house as per our original agreement, but my brother seems to be reluctant to stand by the agreement.

I look forward to your answers and guidance.

Thanks,
Raj

Offline advocate-lyngdoh

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Re: Dishonoring Original Property Agreement
« Reply #1 on: December 22, 2014, 02:20:19 AM »
in who so ever  name is the property his consent is a must to transfer the property
Advocate Lyngdoh
Laitumkhrah, Shillong

 

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