Brother asking for his right after the building is constructed. Brother asking for his right after the building is constructed.

2 years ago

My faTher and his three brothers are a co-owner of a joint property but they live separately ..on there parts which are bot partitioned yet.. And ny father built a commercial building in his part and noc was been provided by the other two brothers but later after the building got constructed one of the brother is claiming right over the building without costing a penny on that building what should i do

BANDARU RAJYA LAKSHMI

Responded 2 years ago

A.Dear client,
If the partition is registered, through the registered deed partition made no one can claim your father's share. If the partition wasn't registered the portions were not marked properly then it is comes undivided share. In these circumstances they can claim.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hello
Ma'am if your father has registered his share in his name then he is the sole owner and his brother cannot claim share. Also they have signed the NOC which would be a helpful document for you if they file a case.
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Anik

Responded 2 years ago

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A.Hello
Your father's brother cannot claim that property or anything constructed on it, if they have divided the land and have got there seperate parts. Let him go to court, there is nothing he could claim.
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.It is necessary to scrutinize that NOC to find out whether there is any legal bindings upon those brothers of your father which can help you out in this regard. Otherwise without registered Partition,no portion has been formally demarcated and the entire property is still to be considered as undivided so any of the cosharers of your father can claim right upon that construction until and unless you are able to show any documentary evidence to the contrary.
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