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Need to properly divide the house property, as the house is not properly constructed


Lowrence (Writer)     12 April 2019

Lowrence
Writer 
 1 likes  155 points

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Dear Team/Sir/Madam,

I have an issue to share, and Need proper guidance to solve the same.

My father had a house allotted by BHEL, Hyderabad. Total area is 133 sq. yards.

After sometime, my elder brother constructed a portion to the left. Later, my eldest brother constructed his portion on the top of the house (1st floor). The structure of the house that can be seen now is something that my dad cannot just write "the will" I guess. It has to be equally divided by my dad and given to us 3 brothers.

What are the possible solutions to this ?

Could someone please guide us so that this issue is resolved at the earliest.

For better understanding, I have attached an image file that shows the house.

 


Attached File : 786647 20190412111315 house.pdf downloaded: 17 times
avater

Dhirajlal Rambhia (KVO Merau Kutchh)     12 April 2019

Dhirajlal Rambhia
KVO Merau Kutchh 
 9222 likes  93315 points

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What were terms of agreement or understanding between your brother and your father, while constructing additional portion?

avater

Lowrence (Writer)     13 April 2019

Lowrence
Writer 
 1 likes  155 points

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Dear Sir,

Thank you for taking time to reply to my query.

There was no such agreement between my brothers and my dad.

They just blindly went ahead and constructed their portions on the vacant land.

Please reply. What can be done now.

 

 

--

What are the possible solutions to this ? Could someone please guide us so that this issue is resolved at the earliest. For better understanding, I have attached an image file that shows the house.
 

avater

Dhirajlal Rambhia (KVO Merau Kutchh)     14 April 2019

Dhirajlal Rambhia
KVO Merau Kutchh 
 9222 likes  93315 points

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As such owner of whole property remains your father, even though your brother may be occupying some area. Solution to the query doesn't seem to be solved areawise, but monetarily solution can be arrived at amicably by family settlement.

avater

Lowrence (Writer)     14 April 2019

Lowrence
Writer 
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Hi sir,

Thank you for the reply.

1. we can sell the property and divide the money among us 3 brothers, and go live separately.

or

Can we give it to a builder and he will construct 2or 3 floors, his share will be 50%. Is this True?

 

What other option do we have, coz  none of us brothers can afford for a loan above 35 lacs at this moment in time.

 

Thanks,

Waiting for your reply

avater

Dhirajlal Rambhia (KVO Merau Kutchh)     14 April 2019

Dhirajlal Rambhia
KVO Merau Kutchh 
 9222 likes  93315 points

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Second option is better, try to get it redeveloped.


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