Claim on property
jeevan deshpande
(Querist) 10 November 2011
This query is : Resolved
hon sir, with due respect i would like to put my query regarding family property. We have 1200 sq ft residential plot with construction, where my elder brother is staying in outoff city from last 30 years. all property taxes and maintainance paid by me only. previously some part of the property was occupied by tenant where i made settlement with them and made property free of charge. all these regular maintainance was born by me only. now my brother demanded the partition. as he has that rights he made demand but what about the charges and expences born by me from last 30 years. is there any rights were with me relating to reimbursement of above mention cost. pl guide me
prabhakar singh
(Expert) 10 November 2011
Yours is a claim of money and his is of land
still you stand upon your claim and in case he does not agree and file any suit do not contest the suit on any ground except on this ground that as he allowed you to trust him to pay all expenses and taxes etc in past years which shall be taken into account at the time
of partition for which you shall be exclusively allotted the construction portion from which he has betrayed and filled the suit with false allegations.May be court having regard to circumstances and evidence brought by you considers it if he fails to prove any thing contrary to it.
Devajyoti Barman
(Expert) 12 November 2011
Though your brother has equal share in it, in the context of year long maintenance and freeing the charge from the tenant he would be liable to bear that proportionate cost.
