Injustice Demand by father's brother for sake of property
Hello All,
I am writing this appeal to the master minds here in the domain of Law after being vexed up by the cruel mind of my relatives who are in a determined state to grab the property from my father.
I am working as a software professional in Hyderabad and hereis the story of my father’s biggest headache.
They are 4 Brothers. They thought of constructing a house by demolishing the old house. Among the 4, my father is elder one followed by 3 younger ones.
Their professions are listed below.
1 - Elder One (my father) - Working as Assistant Sub-Inspector in Police Department. Shifts to a different place every 3 years.
2 - First Brother - No fixed job. Does Finance, Real Estate, Insurance Agent and whatever to earn money. Stays in home town.
3 - Second Brother - Working as a Judicial Clerk in District Magistrate Court. Shifts to a different place every 3 years.
4 - Fourth Brother - Working as a technician in local citi cable office. He too does finance. Stays in a city (vizag) since he was brought up there.
As they had money deficit during the construction phase, they thought of applying for housing loan. Since, my father is a government employee and there is a lot of scope to get loan easily, all of them agreed to write the property on my father's name under the clause of "Daana Patta". Once after writing the property on my father's name and registering it, they applied for House Loan and it was sanctioned. They also agreed upon the condition to pay the EMI divided by 4.
The construction was completed. Once after the inauguration, the house was occupied by 2nd brother since he is residing in the home town from his birth and on the other side, it is not possible either to my father or his 3rd brother since they are relocated every 3 years. 4th brother travels once in a month to home town and it is neither possible for him. During the first 15 months, everyone paid their shares for EMI's without fail. Due to some financial reasons, my father and 3rd brother paid less amounts among their shares for couple of months.
My father was transferred to nearby place of his home town since the land was cheap at outskirts (Year 2004) and he took forward the step to construct a house for ourselves by applying another housing loan. We constructed the house and we stayed for 6 months. We got severe problems and after many consultations with Astrologers and vasthu experts, we found that there is a big flaw in the plan. My father had sold that property and we encountered a very big loss financially. Even the relations between the families of the 4 brothers were not that great.
During that time, 2nd brother called up for a meeting (without families) to discuss about the extra interest that is levied due to less payment of EMI's. All of the 4 met and discussed about the future payments. 3rd brother decided to quit the scheme because he is not earning enough money to meet his needs. Then, my father suggested remaining two of his brother to take the ownership of the house by paying amounts that others had paid. The 2nd and 4th claimed that they don't have amount to take the ownership. Then, my grandmother conveyed her last wish not to sell the property and should be owned by any of the four.
My father sold the other house which we constructed and said that he will take the owner ship of this house. 2nd brother got the site valuation and they made their calculations and my father paid the amounts to all. Papers of those calculations are available with my father. There is no written agreement or something stating that my father cleared off the debts / my father didn’t clear off the debts. 2nd brother is staying in that house without from its inception. We didn’t ask to pay any rent since my grandmother’s maintenance was being bared by him.
My father took loan and constructed one more floor which was let out to rent now. Due to raising prices, the property value increased to 60 Lakh. Now, 2nd brother is asking my father to write that property on his name. There was a discussion and during the discussion, 2nd brother claimed that my father had forced all the 3 brothers to write the property on his name. They are false propaganda on us with our relatives.
My father is really worried about this. Even me. Please suggest me what I should do to get this property!
Thanks,
Krishna ChaitanyaAsked 10 years ago in Property Law
First of all thanks for your replies.
Important Point: The gift deed was executed in the year [deleted]. I am answering couple of other questions.
Q: You have stated that the house was gifted to your father by his 3 brothers. Who was the original purchase of the house prior to the gift deed being executed? If your grand mother was alive at the time of execution of gift deed did she also sign the gift deed?
A: My Father's Father is the owner. He was expired by the time construction started. Yes, she also signed the gift deed.
Q: Your father became the owner of the property after the gift deed was executed in his favour. He was the applicant for the loan which was applied to and sanctioned by the bank/financial institution. So EMIs had to be paid by him alone. Now if he stops paying the EMIs the bank will attach the property.
A: Yes, he was the applicant of the loan. He cleared the entire loan long back. I would say all the EMI's were paid by him since he paid back the amount that was paid by his brothers in EMI's.
Q: further your father has paid X amounts to his brothers . you have not mentioned how was payment made by cash or cheque .
A: He paid amount through CASH. He didn't give any cheques. He cleared those amounts from the amount which he got from selling the other house.
Q:if your father had forced his brothers to write property in his name what were the other brothers doing for so many years .
A: They really never know how much worth that building is. The town was developed slowly and a big temple was constructed near by. A bypass road also came up. Now, AP is a separate state and its value increased. Since, my father's second brother enquired about the price of the building, he was so desperate to own that. On the other side, they know that it is my father's own property. But still they want to give a try. My father is soft in nature. He thinks about relations and values. But his brothers are not like that. I pity him.
Since he believed his brothers, that is the reason they didn't have any written document that they received X amount as part of the settlement.
Asked 10 years ago
