• Property dispute between brothers

Hello,

My father has 2 younger brothers. My grandfather had purchased a small property in the city for my father in 1985 as he was working there. In 1999 my father demolished the old house and built a new one by taking a home loan. After the death of my grandfather,  my uncle and grandmother now want to have an equal share of the property value. My grandfather also has an agricultural land which will be divided equally. My father suggested that as he has being living in house since more 30 years, he is reluctant to sell it off as he had spend a lot on the newly constructed house. However, as an alternative he is ready to give away his share of the  agricultural land equal to the property value in the city or the whole share in worst case. Just for the information property value of agricultural land is far more than the property in the city. However, my grandmother and first uncle are insisting to sell off our house in the city and give them the money. My second uncle is not interested in this property and he just wants his share in the agricultural land as he is a farmer. They had also filed a case in civil court about this saying that my father is not giving them their share. However, my father presented all the documents to the court regarding the expenses he did on the new house. The case was dismissed by the civil court last month as they were not able to present evidences and also not accepting my father's proposal of giving away his share of agricultural land. Lately they are causing a lot of problem regarding this. My first uncle also threatened that my grandmother can kick us out of our house if we do not sell of the home and give them the money. Any suggestions, how this dispute can be solved...I tried to speak with them and also said that if you want money, we will sell off my father's share of the agricultural land and give you the money. But they say we don't trust you. This is really going insane now. Please suggest me what I or my father can do the best in this case?
Asked 8 months ago in Property Law from Switzerland
Religion: Hindu
1) property was purchased by grand father in father name for benefit of joint family 

2) on grand father demise your grand mother can claim one fourth share in the house as it was bought  out of funds given by grand father 

3)suit filed grand mother and uncle has been dismissed 

4) i presume no appeal has been filed against order . 

5) your proposal for sale of agricultural land makes sense . 

6) carry out valuation of agricultural land and house by govt approved valuer 

7) enter into deed of family settlement wherein you relinquish your share in agricultural land and they in turn do it for the house . 

8)if grand mother and other legal heirs refuse to do   so  sell the house to your friend . also     s ell agricultural land . out of sale proceeds purchase the house again
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
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1. Well, since the civil suit is already dismissed there is no immediate matter of concern.
2. There is no substance in the threat of eviction. So ignore those.
3. If threats are continuous your father may seek help of local police.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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1) grandmother is only one of the legal heirs 

2) she is not the ultimate authority to take the decision . 

3) for sale of house valuation report should form
The reserve price . Invite sealed bids for the house . House should be sold to the highest bidder 

4) ask your friend to bid a higher price . Chances are he would be the highest bidder 

5) similarly for agricultural land the plot should be sold to highest bidder 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Since all of you including your father uncle and grandmother have got equal undivided share in the property none has got any primacy over another.In that context your grand mother cannot oust you and to save guard your interest you can file suit for injunction and declaration.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. Your offer is the only alternative to come out of the impasse,

2. Your grandmother, father and Uncles are legal heirs of the property standing in the name of your grandfather,

3. First of all enter into a settlement  agreement with them that they will  relinquish their shares of the house on receipt of certain amount towards the price of their portion of the said property and the payment will be made within a certain period within which partition deed for the agricultural land will be partitioned,

4. After the agricultural land is partitioned, you can sell of your share and pay off your grandmother and uncles for their relinquishing their share of  the house property,

5. The relinquishment deed and payment should be made at the same time,

6. Once the relinquishment deed is registered, you become the absolute owner of the house property.



Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1. After the demise of your grandfather,intestate, your grandmother, father and Uncles have equal share on your grandfather's property and nobody has the highest or lowest legal authority to take decision about the said property,

2. First of all you try to get the agricultural land partitioned and once it is partitioned, you can sell of your share,

3. Since you have stated in your first post that price of agricultural land is more than that of land in the city in your area, you will get adequate amount towards sale proceeds of your share of the land and then start bargaining for buying the share of other legal heirs of the house standing in the name of your grandfather.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Hi, When the suit filed by them is dismissed then you need not pay anything to your uncles and aunt and if the threatened to your father then lodge a police Complaint against them. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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 My first uncle also threatened that my grandmother can kick us out of our house if we do not sell of the home and give them the money. Any suggestions, how this dispute can be solved...I tried to speak with them and also said that if you want money, we will sell off my father's share of the agricultural land and give you the money. But they say we don't trust you. This is really going insane now. Please suggest me what I or my father can do the best in this case?

Since the house property was fully demolished and reconstructed by your father by availing loan on it, the bank cannot sanction housing loan on the property which does not belongs to the borrower, hence if it has been proved that he has marketable title in the property, no one can claim a share in that property.  Therefore your uncles' claim is illegal.  Moreover the court has already given a clear verdict in your father's favor, so if your uncle indulges in any illegal activity, he may be booked under criminal laws for illegal activities. 
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
I would like to know how substantial can this will be as they claim that the grandmother has the highest authority to make the decision whether to sell off the house or kick us out from it.

This is just a rumour and not fact. If it was intestate property then including your grandmother all of them shall equal shares in the property.  Your grandmother alone cannot make any decision on this entire property.
In my opinion, let your father sit tight i the house property, nobody can  evict him legally. The court verdict is in your favor, so let them challenge the court verdict by referring an appeal if at all they want any share in it. 
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
The dispute can be amicably settled by drawing up a deed of partition but this is possible only if all the heirs arrive at a positive agreement, failing which the only remedy is to file a suit for partition to cull out individual share. 
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
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there is a concept in the joint family property that when karta bought any property and dose not merge it into joint property then that property will not be treated as joint family property. your father has absolute right in the property and also has share in the ancestral property. he can renounce his right in agricultural land but legally he is entitled to get that land by the law of inheritance.    

your father has built a house out of the loan so no one  can claim his share nature of the property has been changed by your father by his own money therefore he got absolute ownership in the property.   
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
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