Legal Question in Real Estate Law in India

Property Dispute

I have transferred my share of my father's property to my elder brother 5 yrs ago.He has to settle me 4 1/2 lacs or 1/4th of value of property 3 yrs from date of transfer.Now the property is worth 1 1/2 cr whereas we have sold it to him at Rs.17 lacs with my share of Rs.4 1/2 lacs loaned to him. He has not paid me any interest.There were unspoken conditions like my parents and I will stay in the house but within short time he has flouted everything,kicked us out.From date of transfer there was turmoil with my father accusing us of wrongly influencing him to sell the property to my brother.I,in my fit of temper,once tore the documents, saying that I dont want anything.However I am having photocopy of document.He has ill treated me and my parents.But my parents are still supporting him. They say I should not institute legal proceeding against him. They will tackle the matter and get 10 lacs for me this Feb. However for all injustice that he has done to us I want to perpetrate this case. What chances I have of recovery.My parents are witness to execution of the document. But they will surely not support me.Please help.


Asked on 1/04/09, 4:59 am

4 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Property Dispute

After transferring your share in the property, you virtually have no case. However, you can claim and recover unpaid consideration amount with interest.

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Answered on 1/05/09, 12:50 am
Prof.Somnath Mukherjee s.mukherjee associates,09874053359

Re: Property Dispute

You have to give the details of transfer if you complete the transfer legally then there is no claim virtually .

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Answered on 1/06/09, 11:28 am
Vishwa Arya Arya & Co.

Re: Property Dispute

you have not stated as to how did you transfer your share by gift, sale deed or on the basis of power of attorney coupled with Agreement and will etc and when was the transfer done. how was your share documented as loan?

Answer to these question, in my opinion, are relevant before answering your main question.

Vishwa Arya

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Answered on 1/04/09, 6:22 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Property Dispute

Since the property belonged to your father, and since your father may be supporting your elder brother in the event of any dispute, it may be better for you to reach a settlement as per wishes of your father.

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Answered on 1/04/09, 10:20 am


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