Legal Advice

Unregistered floors and denied shares in the family property

Question: The house that belonged to my father was constructed by my brother without obtaining signatures from any of us siblings. The floors were built in the name of my mother-in-law after my father's demise. However, she is no longer present, and both my brothers reside on the two floors. We are not receiving any rent, and when I request a share, they refuse. Additionally, neither of the floors is registered in anyone's name. Please guide me.

Advise

Prima facie, you have a right to this property because it belongs to your father. There is no evidence that your brother has erected those floors as his individual property. When a co-sharer invests in joint property and does not claim it as his private property, it indicates an intention to create joint property.

In this situation, your brother cannot assert those floors as his own property. There is prima facie no evidence that it is not a joint property. You may file a civil suit for the declaration of your right in this property because they have refused to give you a share in the property.

In the same suit, you should also claim a permanent injunction to prevent the co-sharers from interfering in your share. In a declaration suit, the claim for injunction is mandatory. Without claiming injunction, the declaration suit is not sustainable. You should initiate legal proceedings as soon as possible.

Shivendra Pratap Singh

Advocate

High Court Lucknow