Property dispute
4 years ago
Our property owner is our father.in all property documents we both of brother name is mentioned but our father is expired.i am younger brother.we have joint family before 10 years.now i am staying at out of Orissa and my wife is staying in rent near to her job location because she is a teacher.my elder brother make a building before 8 years with out take my permission at our old residency.currently my family when go to my village stay at this house sometime but we are not staying permanently there.my questions is am i eligible for a share from that building.
Sandip Bhowmick
Responded 4 years ago
A.Hi,
You have a equal share in your fathers property along with your brother. You have not mentioned whether your mother is alive or not. If she is alive, then the share in the property will be of three equal portion. However, if your brother has built a house in the land owned by your father, you have a good case for filing a partition suit against your brother. Please consult a local lawyer and arrange to issue a legal notice to your brother first.
You have a equal share in your fathers property along with your brother. You have not mentioned whether your mother is alive or not. If she is alive, then the share in the property will be of three equal portion. However, if your brother has built a house in the land owned by your father, you have a good case for filing a partition suit against your brother. Please consult a local lawyer and arrange to issue a legal notice to your brother first.
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Ayantika Mondal @ Prime Legal
Responded 4 years ago
A.Hi Mohapatra,
Hope you are doing good and safe.
I suggest the below:-
A. Please check is there any form of transfer of the property like gift, will etc.
B. if nothing is in force, you are eligible for the portion of the property depending on how many siblings, mother etc.
C. Speak with elders of the family, try to have family settlement and partition of the property.
D. Family settlement/ partition deed may register with the assistance of a lawyer.
E. Failing to reach any conclusions, you may file a suit for partition.
It is better to have the partition in place to avoid any problem in the future.
Hope you are doing good and safe.
I suggest the below:-
A. Please check is there any form of transfer of the property like gift, will etc.
B. if nothing is in force, you are eligible for the portion of the property depending on how many siblings, mother etc.
C. Speak with elders of the family, try to have family settlement and partition of the property.
D. Family settlement/ partition deed may register with the assistance of a lawyer.
E. Failing to reach any conclusions, you may file a suit for partition.
It is better to have the partition in place to avoid any problem in the future.
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A.Dear Sir,
Yes, you have a share in the property as he has not taken any permission from you at the time of construction. Further it belongs to your father. Better get issue a legal notice then file simple suit for partition. You will win.
Please give me Rank 5
Yes, you have a share in the property as he has not taken any permission from you at the time of construction. Further it belongs to your father. Better get issue a legal notice then file simple suit for partition. You will win.
Please give me Rank 5
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