Prayag Vernekar 10 January 2018

What are the rights of brother in rent from family property

Dear Sir/ Madam

Property was on my mothers name. she has expired with no will agreement and the property shares as per nomination are equally 50% transfer on my name as 1st owner and 2nd owner on brothers name. Brother left with his family to other residence last 13 years leaving parents with me. Now my society is 40 years and will be going for redevelopment. My question is the rent for redevelopment will be entirely received to me or will be equally distributed among me and brother. if rent is equally distributed then what procedure to do for getting the rent entirely to me. note : all the expenses of the property and parents medical care was taken by me past 20 years till they were alive.

Thanks with Regards

Prayag

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3 Replies

R.Ramachandran (Advocate) 10 January 2018

What care you took of your parents, or what expenses you incurred to look after them are immaterial.

As far as the development rent is concerned, you have to necessarily share 50:50 with your brother. You can always pay the 50% to your brother through Cheque with a covering letter saying that the amount represents 50% of the rent amount received from .....

Prayag Vernekar 11 January 2018

as i have consulted to few i came to know the first owner is entitled to receive the full rent and it is upon me how much rent amount i give my brother.
below is the reply from one of advocate from mumbai :-
the rent for redevelopment will be entirely received by you only. this will not be distributed equally between yourself and your brother. the first named owner only will be entitled to the rent and also to become the member of the society that may be formed in the redeveloped building.

Advocate P A Narayanan
High Court, Mumbai

Thanks with regards