Ancestral property division
Ancestral property was gifted by grandfather in the name of three brothers is situated in Rajasthan. Power of attorney for construction/ development was given to one of the brother some 35 yrs ago , since we two brothers were away ( abroad) due to employment.The property was given on lease rent to a nationalized Bank and the bank continues to operate from the said premises.The subject brother permitted construction to his known acquaintance and she continues to live in the premises. Other construction work and installation of other tenants too, have been carried out by the said brother.Bank had executed rental agreement in the name of brothers( HUF) which used to get renewed every 10yrs. However, recent agreement was executed by the bank in his name only.All this happened due to blind trust.All these years, he enjoyed the rentals and now since, I, being retired, having no income,asked for my share of rentals and my share in the property. He is denying on the pretext that he has taken care and invested money in developing the property. The Gift Will executed by our grand father is in his possession and he says it has been lost. I do not have any document as proof accept the copies of earlier bank rental agreements which shows the rental agreement in the names brothers( HUF). Can the bank change the agreement in his name alone, if so on what basis?.Kindly suggest how to lodge my claim for share in the property and what are the chances and how long the matter/ legal proceedings will take time as I am already 67 Yrs old.
Asked 2 years ago in Property Law from Thane, Maharashtra
1) bank cannot change rental agreement in nane of one brother only
2) your brother must have fraudulently transferred property on his name
3) Take search at sub registrar office and obtain copy of the gift deed executed by grandfather
4) file suit for partition to claim share in property
5) obtain injunction restraining brother from creating third party rights in property
6) suit would take around 10 years to be disposed of depending upon pendency of cases in court
1. Write to the Bank asking for the reason for executing the rent agreement with only one brother when there are two owners of the property,
2. Ask for 50% of the monthly rent separately to be paid to you,
3. After that file a partition suit claiming your share of the property and also partition of all the income so far derived by your brother from the said jointly owned property.
The POA executed by brothers in his favour needs to be perused threadbare to know the scope of the power conferred on the agent i.e your brother. If he acted outside the realm of the power given to him then a suit for declaration of his acts as illegal can be filed in the civil court. Consult a lawyer personally after showing him a copy of GPA executed in favour of your brother.
If the bank has entered into renewal of agreement only on his name then he should have made some documents fabricated on his name to prove the title on his name. This amounts to fraud.
you may file a partition suit and seek your share and separate possession.
You can get the duplicate documents from the registrar's office for filing the partition suit.