Legal Question in Intellectual Property in India

House property dispute

My father and mother died 6 years back house is fathe name removed name of my father I have 4 elder brothers and 1 younger sister of which I am the youngest brother,my 1st elder brothers is staying--name removed--is separate house When father was there my eldest had kept the house paper name removed bank for loan with father permission He repayed the loan but never got the paper home Then he got another loan after father died and kept house paper as against it at bank he also took power of attorney from all the family members to get the fathers provident fund money to his name we have been asking for the house paper from him for last 6 years but he never showed us or give any details of house paper till date,now he says that he give it to my 3rd eldest brother and he says he wants his share of house or he will not give the house paper to us,Can my 1st elder brother make the house isname with that power of attorney we gave?What happens if my brother does not pay the bank loan,will bank sell our house?What are steps we have to take to give my 1st and 3 rd elder brother his share?We face lots of issue with building society as property is name removed name offather what to do?my 1st elder brother had said he does


Asked on 1/07/07, 12:04 pm

1 Answer from Attorneys

Re: House property dispute

The facts given by you is incomplete.All the documents are required to be examined to render acqrate openion.You and other brothers can revoke the POA.Probably your father had stood as guaranter for your brother but after his death the guarante stood cancelled automatically. Yes if the propert is mortgaged to bank and the loan is not repayed the bank can recover from the property.Your brother has probably defrauded you people.You and your brothers and sister are equilly entitled to equal share in the property of your father including his PF. yOU ARE ADVISED TO APPROACH the court to claim your share and also to stop the bank to take any action in respect of property. All of you have to stood and to take preventive action against your brother and also bank to preserve your share.

For any query/assistance you may call on my mobile 9873343288.

thanks.

siddharth

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Answered on 1/07/07, 10:08 pm


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