Question on house porperty distrituion
5 years ago
I live in Pune and my family live in Delhi. We have two home and one shop. All these property is on my MOM name. We are three brother and one sister. My elder brother is using shop. My elder brother now want to partition the total property for his home construction. He refused to consider shop in the total land to partition. Also planing to start construction on half portion of one home. He is forcing my MOM to do agreement on his name for the shop and half portion of one home. I have following query.
1) All the property is purchased by my father. But the power of attorney is on my names. Does my mom has authority to do such agreement without our presence.
2) As my brother is starting the construction. if we try to stop him in legal way then what all i need to do and how much time it takes to get notice to stop construction if possible.
3) Will we get any compensation of the destruction that he has done to the home by initiation the construction.
4) As an estimate what all expense comes if we go to court and any estimate of in how hearing we get the result
1) All the property is purchased by my father. But the power of attorney is on my names. Does my mom has authority to do such agreement without our presence.
2) Ans: No, she cannot.
3) As my brother is starting the construction. if we try to stop him in legal way then what all i need to do and how much time it takes to get notice to stop construction if possible.
Ans: the movement you file a suit it will be stopped.
3) Will we get any compensation of the destruction that he has done to the home by initiation the construction.
Ans: No, it is not possible.
4) As an estimate what all expense comes if we go to court and any estimate of in how hearing we get the result
Ans: It depends upon the profile of advocate and ranges between Rs.25,000 to Rs.2,00,000
My answers are as follows:
1) All the property is purchased by my father. But the power of attorney is on my names. Does my mom has authority to do such agreement without our presence.
Ans: Since Power of Attorney is in your names your mother cannot do anything until POA is cancelled.
2) As my brother is starting the construction. if we try to stop him in legal way then what all i need to do and how much time it takes to get notice to stop construction if possible.
Ans: Just approach Civil Court and construction will be stayed within 48 hours.
3) Will we get any compensation of the destruction that he has done to the home by initiation the construction.
Ans: No.
4) As an estimate what all expense comes if we go to court and any estimate of in how hearing we get the result
Ans: It depends upon the profile of the advocate you select which ranges between Rs. 25,000 to 2,00,000/-.
Ram Kumar Rathore
Replied 5 years ago
Sorry for typo. "But the power of attorney is on my names". 'The power of attorney is on my MOM names'.
GANESH SHARMA
Responded 5 years ago
yes you can restrain him from doing construction by filing a civil case for permanent and mandatory injunction and well as interim application for restraining him from raising any construction. You can file the case by your own or ypur mother can also seek remedy from court. As far as the compensation is concerned you can claim the damages done by your brother by his illegal act. You can take interim stay on the construction with in few days after filing the civil suit. Expenses will depend on the drafting and total hearing and total hearing can not be estimated ryt now....
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