• Dispute of properties between brothers

I purchased properties more than 20 years ago.
Purchase was executed in following manner :
Agreement to Sell & Purchase, Will, Receipt are in my name and GPA ( in some cases SPA also) are in the name of my brother.
In good faith the files were handed over to my brother but now he refuse to return the files and is asking for a 50% share

Question :

1. How can I get my files back.
2. What is my lawful position in these properties.
3. Can he demand any share?
Asked 2 years ago in Property Law from Delhi, Delhi
Religion: Hindu
1) you don't have clear and marketable title to the property 

2) you ought to have purchased said property by regd sale deed 

3) will can be revoked by seller any time and power of attorney ceases on death of seller unless coupled with consideration 

4) is seller still alive ? Ask him to execute sale deed in your favour and revoke POA granted to your brother 

5) In the alternative ask your brother to execute sale deed in your favour 

5) I do hope POA is registered as for sale of property POA now needs registration 

6) settle with your brother if possible 

Ajay Sethi
Advocate, Mumbai
44336 Answers
2575 Consultations

5.0 on 5.0

1. It seems that your brother is refusing to deliver the original documents to you. Retaining original documents does not abrogate or curtail your title to the property, but your brother may forge the documents to show that you have transferred your share to him.

2. You can obtain a certified copy of the documents from the office of registrar.

3. You are the owner of the properties which have been registered in  your favour.

4. You can file a police complaint for theft and breach of trust against him.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

1. if the property is registered in your name , you have the 100 % right in the same.
       who is having the possession of the property 
         You should cancel the power attorney issued to your brother fro this you an make revocation power of         Attorney signed and send to him the copy. He will not be able to use the POA  for any purpose after you execute the Revocation of POA. 
2.The lawful Possession of the property will be with the one whose name documents/sale deed  are made.
If you r brother is possessing the property now it is illegal possession as the documents are in your name.
         You can issue a legal notice to your brother to return the original documents to you and also send   him copy of cancellation the power of attorney.
3 Your  brother cannot demand any shares you are the sole owner of the property
     Contact an advocate  personally and proceed  
Thresiamma G. Mathew
Advocate, Mumbai
1510 Answers
134 Consultations

5.0 on 5.0

Since the property is purchased in your name you continue to be its absolute owner. Mere possession over title  deed  does not make the holder of it as its co-owner.
So you loose complaint of criminal breach of trust against your brother and get a certified copy of the deed from the registration office.
On the basis of its certified copy you can deal with the property at your sweet will.
Devajyoti Barman
Advocate, Kolkata
12535 Answers
161 Consultations

5.0 on 5.0

Is the title deed is in your name or brothers name ? If it is in your name you are the absolute owner of the property. If so file a police complaint for getting the file . Do you have  specifically provide the power to sell the property in PA deed. Send notice for cancellation of power of attorney.
Ajay N S
Advocate, Ernakulam
2756 Answers
44 Consultations

5.0 on 5.0

1. Your query is very confusing. When you have entered in to an Agreement to Sale then how come the question of Will, Receipts GPA & SPA comes in to picture? Has any sale deed be registered in your favour? With out proper details it becomes difficult to answer properly. However, you can get certified copies  of all the documents and get the property mutated in your name,

2. If the sale deed has been registered in your name then you atev the owner of the said property. Get your name mutated and take possession of he property,

3. If the property is in your name no body can claim any share in it.

Krishna Kishore Ganguly
Advocate, Kolkata
18157 Answers
438 Consultations

5.0 on 5.0

This being a sale agreement, it cannot confrer the title to the property.  You said GPA is n your brother's name, then who is the principal to this agent?
From whom did you purchase this property, whether the owner (vendor) is available?, if he is available, ask him to cancel the GPA on your brother's name and execute a registered sale deed on your name then only the property will become your own and absolute property. 
If the above is not possible, you can amicably settle the issues with your brother and ask him to execute a registered sale deed in your favor immediately so that the same problem do not arise in the future too. 
T Kalaiselvan
Advocate, Vellore
34508 Answers
372 Consultations

5.0 on 5.0

Hi, when you become the absolute owner of the property your brother has no right to ask share in the property so if he does not return the file then you have to lodge a police complaint against him.
Pradeep Bharathipura
Advocate, Bangalore
4530 Answers
202 Consultations

4.3 on 5.0

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