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 years ago in Property Law
Religion: Hindu
We did carry out the valuation of the house by a government official as per the present day value of the plot as well as the new house. But my grandmother and uncle claim that this price is less as per their sources and they valuated a much higher price. Idea of selling off the house to a friend did crossed our mind, but now as the house as 4 heirs and their names are registred at the local registrar office. So I am sure they will bring in some obstacles in this to sell off the house to a friend. They can also say that their friend is willing to buy the house at the price they valuated. In this case value stands true as we have the government official letter indicating the price. How do we deal if they are ready to buy the house at the price which they decided? My father's only concern is that as he has been living there since last 30 years with all his efforts, he doesn't want to let it go.
Well as far as the threats are concerned, my father is ignoring them and he doesn't want to involve police in this case as for him he still has the respect for his mother. However, few months back my grandmother did approached the local police station in the village and said my father is not taking care of her at this age. With this the police asked all the 3 brothers to come to the police station and said every one has to give a certain amount of money per month to grandmother for her living expenses. And my father has been rightly doing this since then with all records as a proof. He also insisted that she can live in our house but she doesn't want to as she prefers to stay with my first uncle. My first uncle also told my grandmother to make her a will saying that my father cannot stay in the house anymore unless we give the share of it to everyone. 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.
Asked 8 years ago