Legal Question in Real Estate Law in India

Hi I am in very bad situation

My Dad passed away inestate leaving , peace of plot a house , which he aquired , apart from that we have family inheritance or agricultural land and house in village.

also he left significant amount of savings and my mothers father gave some agri land to us in my mothers name.

for 25 yrs my brother occuped all the property and has been collecting and spending all the income ,

now he sold the plot and got himself another proerty ( with my GPA unregistred )

spent all the money

we negotiated and finally signed an agreement as per that

we took 50% of house and he took 50% of house

agriland out of 20 acres he took 4 acres for his wife and 8 acres each

my mother took the house in village

now he demands my mother togive the house and land in her name to him.

and refuses to register property in my name , and convinced my mother not to do so.

they both now claim i have no right and it all belongs to them only invalidating the agreement.

all propertys are in my mothers name ( she transfered).

Can i battle for my share? i have waite 25 yrs .. now that plot is sold fradulently, money all spent

i requested for half of whats left.

their demand is that i get 1/3 of whats left excluding my mother property and 4 acres for his wife and that too after 20 yrs as they are living on it. and i have no right to collect lease rents income or

even sell.

House is worth : 6 c,

Land sold is worth: 5 c

Agrilannd and huse is worht: 1.25 c

mothers agriland is worh : 1 c

money recoved when father passed away is 2.3 lacks in 1981

current income on rents is 2 lacks/month and 5 lacks on agriland

aprt frm that we have family gold of 1 kg.

do i have no rights? to claim anyhing? is not the agreemnt signed of any value?


Asked on 9/29/11, 3:12 am

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may file a suit for partition, cancellation of sale deeds executed by your brother so far and also for share in mesne profits.

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Answered on 9/29/11, 3:14 am
Shrichand Nahar S.V.Nahar, Advocate

Advice of Adv. Gupta appears correct.

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Answered on 9/30/11, 10:05 pm


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