Legal Question in Real Estate Law in India

A flat is jointly held in the name of the name of two brothers(say A,B). 'A' invested the whole money in buying the in 1990 but got the flat registered jointly in his and his brother's(B) name. The flat is located at Kolkata and 'B' resides in it. 'A' lives in Delhi.

Now there is a conflict between the two brothers and 'B' is refusing to give any share in the flat that is originally owned by 'A' and jointly owned by 'A & B' in legal terms.

I am Mr. A.

Pls provide the legal advice.


Asked on 5/11/11, 1:43 am

3 Answers from Attorneys
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

file a suit for partition

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Answered on 5/11/11, 2:26 am
Sanjay Kalra Sanjay Kalra & Associates

You have no choice but to file a suit for Declaration .

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Answered on 5/11/11, 2:58 am
Vishwa Arya Arya & Co.

Sir, first, in view of Benami Transactions (Prohibition) Act 1985 you cannot claim yourself to be the exclusive owner or original owner even if you have invested the entire amount, unless, the family happens to be Hindu undivided family (HUF). For all purposes, property having purchased in 1990, you both A and B are the joint lawful owners of the property situated, in this case, in calcutta. B cannot deny your share and the same is true otherwise (Vice versa) also. Your remedy at this juncture is to claim partition of the property and get your 1/2 share in it. In case, property cannot be divided in two parts, then court will put it to sale and divide the proceeds. Along with partition, you may claim mesne profit / damages for use of the property by B, to the extent of 50 percent of market rent which the property could have otherwise fetched.

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Answered on 5/11/11, 3:01 am


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