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 8 years ago in Property Law
Religion: Hindu