i have purchased a plot and constructed house with 02 other brothers. Initially only 02 floors constructed and since then i have been started living in ground floor considering my contribution is much more than their contribution in construction of house. Thereafter on my transfer to other location my two brothers requested me to allow him to live in the house and on posting back to delhi they will vacate the ground floor. On my refusal they started quarreling with me and my family. After living in 5 yrs in the ground floor my both brother made attempt to kill me. On the request of my relatives i agreed to vacate the ground floor and construct second floor. A mou signed and as per conditions i have given six months time for construction of second floor in the house after receiving of fixed amt fm both the brothers. They have made part payment and waited to proceed to my place of duty. On reaching my duty place i have recd a legal notice fm both the brothers stating that i have no right on the said property and threaten to vacate the ground floor otherwise they forceful enter in my ground floor. After 03 months i visited my house i have stunned to see that one of my brother captured my ground floor with all my personal belonging which i kept in the house by forceful opening the doors. After intervention of local police and relatives they have again insisted to sign another agreement and this time they paid the balance amt. On starting construction, they have made all the efforts so that i could not able to construct the second floor and go out of the house. One of my brother who serving in mha at that time started sending representation that i have grabbed the house with ill intention and make all efforts but on my visit to mha they have thrown him out to another ministry. Since they have not agreed to obey the settlement and tried to capture the house by adopting any means i have not started repaying home loan installment fm the date of their illegal capture of my ground floor and now the bank referred the matter to drt for debt recovery.
The summarise case is as under :-
i) sale deed of said plot is among all the three brothers.
Ii) housing loan taken fm bank in the joint name of one of my brother with me and another brother is co-borrower.
Iii) map for construction of 03 floor passed fm gda.
Iv) the house constructed against the approved map.
V) both the agreement are not registered fm court/registaar office despite express order of concerned ssp.
Vi) my both brothers illegally denying my share in the house and sending many representations to my department by themselves and their wives.
Vii) previously one of my brother purchased a flat at gurgaon with my late father's gratuity and i have also contributed as loan and another property purchased at new palam vihar with my second brother's name by using contribution of my late father's payable dues and also fm me. My both brothers are not ready to give back my share in the property and one of the reason for harrashing me for upsurp/grab all joint properties. At the time of purchase of two properties we were living in un-divided hindu family.
Emi deposited by me fm the date of taking the loan mentioned as un-accounted amount in the legal notice served from my brothers.
My case is common to personnel who are serving in Armed Forces who are posted far away from their native place and relatives of such personnel are eyeing on the salary & various allowances they are getting. Due to their very meager expenditure at duty place being providing free boarding & lodging by department and they are very disciplined and always try to out of any illegal activity having close look of conduct by their department.