Dear Lawyers, We are 4 Brothers and a surviving mother. In the year 1998, we brothers thought of constructing a house by demolishing our old house. Among the 4, my father is elder one followed by 3 younger ones. Our details in short 1 - Elder One - Working as circle inspector in Police Department. 2 - Myself- No fixed job. Does Finance, Real Estate, Insurance Agent. Staying in current property. 3 - Second Brother - Working as a lecturer. 4 - Youngest Brother - Working as a technician. We applied for a house loan as we have money deficit to construct the house. My elder brother is a government employee and there is a lot of scopes to get loan easily, we all brothers agreed to gift deed the property to my elder brother's name. The gift deed is done and registered. House loan is applied by my elder brother and it was sanctioned. We also verbally agreed to share the EMI's among 4. After completion of construction, upon mutual agreement till the survival of my mother, we brothers decided and my brothers agreed to let me stay in the house along with my mother without paying any rent. However, I should pay the EMI. Also, none of my brothers stay or work at hometown. Up to 15 months, everyone paid their shares for EMI's without fail. After 2 years, there was a situation where none of us were able to pay the EMI's. I called for a meeting among my brothers to discuss the extra interest that is levied due to less payment of EMI's. All of us the met and discussed the future payments. Both of my younger brothers expressed their opinion to quit the scheme because they are struggling to pay EMI's. It was me and my elder brother who was left. My elder brother said he is not ready to share the dropout of other 2 brothers and advised me to own the property by paying the shares (according to market value + Investment on house + EMI's paid) to remain 3. I declined the offer as I do not have money during that time. After 2 weeks, my elder brother informed us that he will take the home (upon insisting of my mother). He paid back shares to my younger brothers as per the market value + Investment on house + EMI's paid and promised me that he will pay back my share soon. He also told me to stay in the house till he pays back my share. Also, my mother doesn't want to leave out of this. End of 2005. 2011-My elder brother constructed a 2 BHK on 1st floor by taking a home loan and gave it for rent. 2017- My mother expired 3 months back and my brother asked me to leave the house. He is ready to pay my share (calculated in 2005 - 2Lakhs)now. Right now the property value is close to 70 lakhs and I asked for some reasonable amount. My elder brother is not ready to give a single penny more than that. The entire property, electricity, property tax, loans (GF + 1st Floor) are in his name. I am staying since 17 years and my brother sent me eviction notice to vacate. Can I demand share in property? Can I fight against my brother in court without evidence? suggest.
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you have executed gift deed in favour of your brother
2) once gift deed is executed duly stamped and registered your brother would be absolute owner of property
3)contact a local lawyer and file reply to eviction notice .
4) mention at you are one fourth owner of house as you have been paying EMI regularly for loan taken on property
5) enclose bank statement as evidence of loan repayment
6) insist on market value of your one fourth share
1. Since the gift deed is executed in favour of your brother he has the absolute title of the property. In case of gift deed the transfer of title takes place instantaneously.
2. If you have purchased the share of your younger brothers then demand the market value of your share.
3. Reply to the notice through your lawyer.
You can file a case in the police and also you can file a civil suit to seek appropriate order, he is laible to pay back your shares.
Dear All, Once after the settlement in the year 2005, none of us were paying EMI's. Only my elder brother paid the remaining EMI's of the loan. He has all the bank statements as evidence. Also, as I said., my brother had paid shares to my younger brothers according to market value + Investment on house + EMI's paid till 2005 during the settlement. He owes me my share which is 1.5 Lakh. He owes nothing to my younger brothers too. Please answer my below queries: As this gift deed is registered 17 years back, am I eligible to claim my 1/4th share of the property as per the current market price? As I am staying in the same house for 17 years, will there be any advantage for me on this point if I defend in court? Apart from this 1.5 Lakh, Can I seek more amount from him legally? I do not have any pieces of evidence to prove that my brother owes my share or any documents related to property. Can I fight the case? Will police accept this case as this is a civil case? Please help!
1) you are not eligible to claim one fourth share of property as per current market price
2) you can claim 1.5 lakhs plus interest for delay in making payment
3) police would not intervene as this is a civil case
4) since you dont have any documentary evidence better arrive at an amicable settlement with brother
You have a very weak case since you do not have any evidence and challenging a gift deed which is 17 year old is not at all easy.
Regards