File suit for partition for division of property by metes and boundsÂ
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2) seek injunction restraining your brother from selling his undivided share pending hearing and final disposal of suitÂ
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3) it is difficult to prove oral agreementÂ
Co-owner denying taking the floor and demanding more
Dear Sirs, Me and my younger brother have a joint property on names of our wives on conveyance deed. We used to live there for almost 25 years with our parents. And then we planned to reconstruct it as per latest norms of basement + stilt parking + 4 floors. There was verbal agreement between us that I will invest in reconstruction of the house (structure), and he agreed that he'll take 2 floors. 2nd and 3rd. The remaining 3 floors (basement+1st+4th) will be taken by me. Construction was done in Jan-2021, and other internal works were being carried out as required by the building. In Jul-2021 he requested the partition deed to be made so he can sell off his portion. I shared the draft with him so he can check and confirm. Rather, he added that apart from the 2 floors I'll give him money and also get his floor furnished within 2 months, else I'll pay his rent till then. We had many meetings and discussions post that as we denied that nothing of that sort is ethical and he should stick to his words. As I invested everything I had because of our agreement, now he's blackmailing. As I was short of funds, I somehow built my 4th floor with basic amenities and shifted 6 months back. He's getting his floors done by his relative who works with some construction person/ builder. Neither he's paying bills nor he's signing the deed. Due to which I'm unable to compete the remaining part of the building. Also, one of his relative (his daughter's husband) has been very abusive and he said once they shift, he'll break the locks of our floors and if anyone comes in between he'll break their legs too. We installed CCTV for our safety and he said he'll first break them and then see who stops him. Current situation is when we tried to talk to him few days back regarding electricity bill, etc., he said I'll be shifting in a week or 2 and then see what to be done. But he said he'll not sign the deed as agreed by him before start of this reconstruction project. We are very scared and fear for our life, as many of his family members and builder side people are dangerous and can do anything. Please help us and guide us what should we do to save ourselves and our property.🙏🏻
Asked 3 years ago in Property Law
Religion: Hindu
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6 Answers
If he's not agreeing for amicable partition, then you can file a suit for partition.
The oral or verbal understanding between you both is not legally valid hence you may better get a registered partition deed executed or you can approach court for legal remedy.
- Since the said property is in joint names of your and his wives ,it means that both having equal right in the property
- Further, if there is no written agreement for the construction of the floors then the solution is settlement , otherwise oral agreement is not admissible before the Court.Â
- You can send him a legal notice for sorting the matter and to give your portion and not to do any illegal actsÂ
- Further, if they are threating or your having apprehension then you can file a compliant for your safety to the police and higher officialÂ
- Further , if they are trying to interfere your possession , then you can file an Injunction suit before the court to restrain him from breading or trespassing in your share .Â
Oral agreement betwen you and your brother is not admissible in Indian courts. Only way to partition property is by way of mutual agreement or by filing a suit for partition by metes and bounds.
You should also consider filing a police complaint against that relative who has been threatening you under Section 506 of IPC for criminal intimidation.
You can also apply for separate electricity meters for the floors you are using. If he doesn't pay his electricity bill, his electricity would be disconnected.
You can also file a suit for injunction in order to restrain your brother to disturbing your peaceful possession in your share of the property or to create any third party interest in the property which is in your share.
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Dear client I am sorry to hear that what is this case you can try to make curly solve this crisis. However if it doesn't happen then you that case you can officely go I had and proceed with a civil suit against your brother
You can't force him if he denies in absence of a deed. If he has earlier agreed in writing you can seek specific performance against him
