Brief of the case is as below:


1. It was decided amongst three brothers (‘A’,’B’ and ‘C’) in February, 2004 that a land would be purchased and the house was constructed thereupon. Land was purchased having name of all three brothers therein. ‘A’ and ‘B’ included the name of ‘C’ on good faith and verbal commitment made by ‘C’ which as usual would not be kept by ‘C’. The land was purchased with the help of housing loan and remaining money from ‘A’ and ‘B’ only. ‘C’ expressed his unwillingness to provide equal money stating that he will not stay in the house on account of transferable jobs.

2. Initially, two floors were constructed by two brothers ‘A’ and ‘B’ by arranging money. However, on compassionate ground, A and B give some portion of the house to ‘C’ to live in. ‘C’ tried to capture that portion (say part of the ground floor) of that house.

3. To vacate that portion, ‘C’ blackmailed ‘A’ and ‘B’. A and B had to give 7 lakh to him for construction of 2nd floor. A written family settlement/ agreement was made and all three signed. All three have accepted existence of written agreement.

4. Thereafter, ‘C’ do not follow clause of the agreement. Now, ‘C’ stopped the loan payment and bank goes to Debts Recovery Tribunal for recovery of loan. Further, ‘C has obstructed passage to the roof.

5. It is also clarified that in most of the paper (electric bill, society) my name exists. Even in the housing loan, I am the first party and I paid some of the installment initially. Later, all three provide equal amount for housing loan.

6. Can you guide me, what would be my future course of action?





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  • I try to read which rule is breached. I cannot understand. However, administrator may like to delete my thread since it is violating rule as per message
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