Cheating from brother
Querist :
Anonymous
(Querist) 28 April 2011
This query is : Resolved
Sir i and my brother got 15lks from our ancesitors property, out of wich we decided to give 3lks each to both my sister and my brother was in good terms with them so we decided that he will be giving that money to them , it has been 4yrs that he neither gave them that oney nor he has kept in the joint account , he has fixed that money on his wife's name and now he is refusing to give me my share in that . Iam depply hurted by his behaviour and require u r help plz let me know wht all possible cases i can book him , as he is also a lawyer working for UNION BANK OF INDIA .
R.Ramachandran
(Expert) 28 April 2011
Who are all entitled to the money from the sale proceeds of the ancestral property. Since from your information I gather that your sister did not get her share directly, I presume in this case only you and your brother are entitled to the share from the ancestral property. That being the case, it is purely out of love and affection to the sister that you might have agreed to give some money to your sister. Therefore, if your brother is not willing to give that money to your siter, there is no legal compulsion on him to give the money. You will not be able to take any action against him, since he is not legally liable to pay the amount.
Kiran Kumar
(Expert) 28 April 2011
I agree with the opinion of R. Ramachandran, yours is a case more in the nature of personal decision than a legal partition.
your brother is not under compulsion out of some contract to part away of the said amount.
Devajyoti Barman
(Expert) 28 April 2011
When the property is ancestral then you are legally entitled to your due share in the sale proceeds.
So you can or other co sharer who is deprived by his action can file civil suit for money or for criminal case for criminal breach of trust.
Guest
(Expert) 29 April 2011
Please intimate whether you gave your share of Rs. 3 lakhs to your brother for your sisters and the same was also kept by your brother?
