Dispute within brothers
Suresh Kumar
(Querist) 12 June 2014
This query is : Resolved
Hi Experts,
Since the death of my father, i have been helping my mother, brothers and sister as i am the 2nd eldest brother. I have spent money for 3 of my sisters' marriages, spent for their education, cleared all loan which my father had,spent for borewell, constructed house, purchased cows (for business), bullock cart, etc..... However, my brothers do not show respect to me nor to my mother and thrown my mother out of the house. As i am facing serious financial issues, i would like to claim some amount from my brothers or at-least some additional share from undivided property. On what circumstances/ways i can claim it my filing a petition in court.?
Sudhir Kumar, Advocate
(Expert) 13 June 2014
nothing new
what petition you want to file.
charity is not recoverable.
Dr J C Vashista
(Expert) 13 June 2014
Let your mother may move application u/s 125 Cr PC for her maintenance from all sons and daughter
Rajendra K Goyal
(Expert) 13 June 2014
If your mother wish she can gift / will her share in the property in your name.
ajay sethi
(Expert) 13 June 2014
your mother can make application under maintenance of senior citizens act and seek maintenance from her other sons .
she also has right to stay in her house . she can obtain an order restraining her children from evicting her from her husband house .
R.K Nanda
(Expert) 13 June 2014
agree with experts.
Sankaranarayanan
(Expert) 13 June 2014
you can convince your mother and get her share as gift and make gift deed on your behalf.
Nadeem Qureshi
(Expert) 13 June 2014
Dear Querist
You can easily bear the consultation fee so it will be better for you to know detail procedure contact a lawyer personally in your area.
Raj Kumar Makkad
(Expert) 14 June 2014
@Nadeem! The querist has already cleared that he is facing financial problem these days so how can he follow your advice?
You cannot claim more than your own shar by way of partition of the joint properties. Better persuade your sisters and mother to release their share in your favour as you have always financially helped them. You need to care for them in future in that event.
T. Kalaiselvan, Advocate
(Expert) 15 June 2014
This is a common sight seen in almost every household of this type across the country. This do not have any legal solution except if there arises a solution due to moral fears. Even now the author can convince his sisters and mother to release their shares in his favor which may compensate his expenses to certain extent.
