Misappropriation of family property revenue
Murshid Alam
(Querist) 01 November 2013
This query is : Resolved
I am one of the co-owners’ of a property( 3 –storied building ) under Kolkata Municipal Corporation. The other co-owners are my elder brother, who is staying in the same premises with his family and my elder sister staying at New Delhi with her family. There are 9 self-contained flats in the building, 3 flats in each storey. On the 1st floor, I am in staying with my family in a flat and above me my elder brother is in possession of a flat. On the terrace, there is a room with attached bath with kitchen( my sister used to stay before she settled at New Delhi with her family, 17 years before) which is now being used by my brother for his business purpose. Other 7 flats are occupied by tenants. My father died intestate on 11.9.1993 and my mother passed away on 10.3.1996. Since my mother’s demise , my elder brother is collecting rents from the tenants, being the the elder son. He sends me by speed post the statement of receipts & payments a/c. of the rents collected debiting the expenses incurred for maintenance of the building every 3 months but mostly half yearly. Over many years, he is manipulating the accounts by projecting pseudo expenses and reflecting the same in the accounts. When confronted his attitude is very much avoiding sort of and even if he faces me his justification for his manipulative tactics is vehemently vague. I often need to go out of station, as my nature of job entails extensive touring. When I am out of kolkata and my family is unaware, he does unnecessary minor maintenance work or mostly he does not; but reflects the same in the statement of accounts overstating the expenditure( if actually spent by him). The Property tax is still in the name of my deceased father but the taxes are paid by him from his personal bank account from the rents collected after debiting the property maintenance charges. He is also reflecting an amount of Rs.1100/- every month in the receipts and payments accounts as a sinking fund for repair work of the building in the future without my consent. He is control of the water pump motor switch and staircase light. What legal action should I initiate for my best interest?
Kindly advise.
------ M. Alam, Kolkata
ajay sethi
(Expert) 01 November 2013
insist on accounts being audited every year . all bills must be supported by vouchers . in adition make it a rule that he should not be authorised to spend more than Rs 5000 without the consent of other legal heirs .
you can if finances permit appoint a manager for managing the affairs of building .
Rajendra K Goyal
(Expert) 01 November 2013
Audit of accounts and keeping all accounts properly supported by vouchers is one way.
Managing accounts by you or any part time accountant is another way. Accountant may be instructed not to spend more than a fixed amount without the consent of two of the legal heirs except statutory expenses.
Devajyoti Barman
(Expert) 01 November 2013
do as advised above by experts.............
