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Author Topic: property dispute between father and his brother.  (Read 530 times)

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Offline bibhudatta.jena

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property dispute between father and his brother.
« on: May 17, 2016, 02:07:53 PM »
My father( has 2 sons) is having a dispute with his brother(has 1 son) for a house at our village. The house was built between 1995-2005 on a common land as we were in joint family. Father is a farmer and his brother is a retired state govt employee, but was in state govt job and was staying away when the house was getting built.  Till 2005 the cost were contributed by father(65% - Rs. 80000) and his brother (Rs. 55,000). After my education in 2005 Me (son) contributed 50 - 60%(amount to Rs. 3.5 lakhs)  of the house construction cost to complete the house as it was half-constructed and my parents didn't have any other house. Now they are getting separated 5 years after the house was built complete. After retirement, father's brother has bought land at other places, but he is demanding 50 % of this property citing he is getting separated from his brother, the house on joint land that was not divided between them and he contributed towards it as well. So eligible for 50 % share from the house, my contribution(son) to build the house can't be counted and will be considered invalid . If I take out my amount then it makes sense the property should be be divided 50-50 which I agree. But how can my 3.5 lakhs investment will be counted as void.

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Offline adv.amarnath

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Re: property dispute between father and his brother.
« Reply #1 on: May 20, 2016, 04:07:22 AM »
I have to say that it has became a bad investment as the property is joint property between your father and uncle. Further if you have document to show that you have invested that amount then you can get it back or your uncle has to refund it in default your uncle has rights to claim 50% of his undivided share.

You can wait until he files a partition suit and then you have to press such defense on written statement. Cross examination to him may come out truth.
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Offline sreesupandi

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Re: property dispute between father and his brother.
« Reply #2 on: May 20, 2016, 08:17:21 AM »
The house was built between 1995-2005 on a common land as we were in joint family.

What do you mean by common land? Is it a single land registered to both brothers, or is it two adjacent lands registered separately?

Offline sreesupandi

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Re: property dispute between father and his brother.
« Reply #3 on: May 20, 2016, 08:18:28 AM »
the property is joint property between your father and uncle.

What is the definition of "joint property" in legal and registration terms?

Offline bibhudatta.jena

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Re: property dispute between father and his brother.
« Reply #4 on: May 20, 2016, 09:58:33 AM »
the property is joint property between your father and uncle.

What is the definition of "joint property" in legal and registration terms?
Single land on Father and uncle's name. Its a parental property.

Offline bibhudatta.jena

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Re: property dispute between father and his brother.
« Reply #5 on: May 20, 2016, 02:27:18 PM »
I have to say that it has became a bad investment as the property is joint property between your father and uncle. Further if you have document to show that you have invested that amount then you can get it back or your uncle has to refund it in default your uncle has rights to claim 50% of his undivided share.

You can wait until he files a partition suit and then you have to press such defense on written statement. Cross examination to him may come out truth.
Thanks Amar. Regarding document of my proof I may procure  the bank money transfer transactions I had sent to my father while he was building the house. will that work?  Also, I agree he has 50% share. Things is currently he isn't staying/nor planning to stay in his portion. He just want to block the houses to harass my parents as the rooms are really small and tough to stay with father's portion (2 rooms). Also extending the house to make more rooms not possible because of size constraint of the plot. We suggested him option (1) to take the amount he invested along with the amount of his portion of land from my father's property somewhere else because anyway its a land in village and most of the property we have will have similar monetary value. 2) return back the amount me and father invested so that we can build house somewhere else (3) Return back half the amount I invested or Else let us use his portion of property. Uncle isn't agreeing to any of the 4 options except blocking his portion. Can we somehow force him legally to go for one of the above option ?

 

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