Legal Question in Real Estate Law in India

Hello Sir, My name is raju. We have one house in anakapalli.My grand mother stated that this house should be shared in equal parts by her grand children in

the will. That means, half of the property should go to my cousin brother and another half belongs to me and my brother.

My father had written one mortgage deed on our half portion of the property for 1 lakh at the time of my sister marriage. At the time of writing that deed,

i'm minor and though my brother was major but he was a coward. And the person to whom we written that deed had not paid the entire 1 lakh ruppes, due to

that marriage was distrubbed with some quarrels between us and mother-in-law family. But by god's grace, marriage was happenned and slowly the relationship

with my in-laws members has came to normal.

It's been 12 years, my parents are staying in that house only and we tried to get the papers from him by paying some amount. But he is not agreeing and

asking almost 3 laks, which we cant bare. We have only two options left, one is to ask him for one more time to do the settlement with 1 lakh. Second option

is to put a case against hime saying i'm a minor at the time of deed and my brother was a coward. We are not in hurry to get the property papers because we

dont want to stay in anakapalli, as i'm staying in hyderabad and i'm planning to bring my parents to hyderabad. So i'm ready to take the judgement even if it

takes many years. Can i proceed in this way.

Another thing is as the house became very old, my cousin brother is asking us to demolish that and he wants to build a house in his half portion. So can we

demolish that property with out informing that person, and is there any chance that he may interrupt the process in middle. If so, please guide us how we can

approach that person to take the no objection to demolish the property. Atleast my cousin can build a home in his place. Coming to the portion of the

property which belongs to us should be finalized by court, i dont bother even the judgement delays. But right now, we should demolish that house and my

cousin brother should build a home in his portion. Please provide your valuable suggestions in this regard.

Thank You.

Asked on 6/21/13, 6:21 am

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP


Dear Raju,

Court process is not recommended. You have to settle the lender for the Rs. 1 lakh he lent for your sister's marriage along with simple interest @ 18% per annum for the total duration of the loan. No sooner you settle the lender of the money, you are free to demolish the old house and rebuild a new house in its place.


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Answered on 6/21/13, 7:20 am

Shrichand Nahar S.V.Nahar, Advocate

Too long query.

Please consult your lawyer with all details for proper advice.

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Answered on 6/21/13, 10:03 pm

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