Myself cancer pt and dnt hav voice.we were 3 brother me youngest one.we owned a plot in city .one of my brother dnt hav boy .there were verbal understanding between all of us ki half of plot occupied by me and half by eldest brother.me build a house and all my life investment in it.living in it more than 18 yrs now girls of my brother demanding there share.Me ready to give but they r nt ready to give my investment I made in this home pl help
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1. Well if the property has been registered in favour of all three of you then each one of you is a co-owner. The title to a property originates from its sale deed irrespective of who paid the sale consideration.
2. If, however, you have evidence to prove that entire sale consideration was paid by you then you may file a suit for declaration that you are the title holder of the property and the property is benami in the hands of your two brothers.
1. Since the land is owned by 3 of you ,your brother who do not have male heir has also 1/3rd sahre in it.
2.Now he can not relinquish his 1/3rd sahre therein on verbal understanding . He had to do that by registered gift deed or deed of relinquishment.
3. It is not clear whether the said brother is still alive or not. if yes then make such executed now.
4. if he is dead then his daughters can demand their joint 1/3rd share.
5.So continue your possession there and let then move to court for partition.
6. Such suit takes lot of time and at the time of partition they will have to make payment of constructions but ultimately both of the brothers will have to part with your respective shares to make their way in.
investment made by you in construction of house should be taken into account while giving share to your neices
2) amicable settlkment is best option
3) if they refuse to settle let them file suit for partition for divison of property by metes and bounds
4) it would take 15 years to be disposed of
If the house constructed on the oplot is registered on your name then you may claim the house or the cost of construction to vacate the property or proportionate cost to share the house property. No doubt this plot belongs to three brothers, but since this arrangement to share the plot between two brothers is on an oral agreement, will your brother who relinquished his rights give evidence in your support in court?
Hope your brother is living?
If so, then his daughter cannot sue you for any reason becasue she has no rights in the property during the lifetime of her father.
If they are not coming for an compromise agreement, let them approach court for relief and remedy.
The court case will drag on for years, by then they will come for a compromise.
