Rights of property
Das
(Querist) 01 April 2014
This query is : Resolved
Sir,
My self Das, seeking your advise on the issue of family problem. I like to explain the full complete issue.
1. we are two son's of a mother.
2. my mother age is 74
3. my father got alloted one house and she is staying in that house.
4. my brother and me age gap is 11 years he married in 1985 and sepated in 1986. with his own wish.
5. he has not supported to my mother, before marriage only he took some gold of 18 tulas for his personal use and not returned it to my mother.
6. He was aware of on plot my father bought with the amount of which paid by my mother father ( father-in-law) to my father as dowry of Rs. 516/-, my father said keep the dowry with you only uncle, when i need will take from you, but grand father rotated that money and made it to 100 times, which is 5016/- with this amount he bought one plot, but not registered,finally after my father death,the plot got registered on my mother name. my brother spoke to my politely and took loan on that property. but he dint paid single rupees for this. when bank sent letter to my mother the mortgaged plot will be auctioned, then my brother tried to sell it off with low price.he took some money from that buyers and repaid the bank loan.. and we sold it to buyers with double amount, but we got only 6.50 into our hands. my brother has two daughters both are married, staying happily with their husband and he is 52 years, and he is asking money to my mother as part of the land amount. total he got 18 tulas gold and nearly 3.50 cash.. please save my mother from his.. my mother gave me some amount for my personal use and brother is asking his share,. but my mother is now fine and she said she will give his share after her death.. we sold that plot because of him. other wise it could be good property in heart of city.
What type action that my mother can take against my brother.
Help the poor lady and save her life.
Regards
Das.
Devajyoti Barman
(Expert) 01 April 2014
Your brother can not force your mother. Let he do what she wants , nothing to worry as long as she remains firm.
Rajendra K Goyal
(Expert) 01 April 2014
The house was allotted in the name of your father and it seems he is no more and no will exist. Under the condition you, your brother and your mother has equal share in this house. Your mother can gift or will her share in your favor. Previous amount taken or any act done by your brother has no concern with this house.
If you have enough amount you can have a deal with your brother for his share and hence save your house for you.
T. Kalaiselvan, Advocate
(Expert) 01 April 2014
Legally your brother cannot do anything to your mother nor can he force your mother to give him money as his share out of the sale proceeds of the property sold which was on your mother's name. Therefore, tell your brother to approach the issue legally through court of law and you contest the same appropriately.
Biswanath Roy
(Expert) 09 April 2014
Your brother has no legal right to claim any money from your mother as he took away his share from the sale proceeds of the property. If he extort money from your mother on pretext it will be punishable by law.
Das
(Querist) 11 April 2014
Thanks for the suggestions, which was replied to my query...finally my brother took 70,000 from mother as a part of his share in the land which is alreay sold in past, and know he is asking for the house where my mother is staying,, as his plan is to give it to builder, and he already to spoke to builder regarding the development.. builder stated that he will pay 5 lakhs towards development charges and and will give two portions in ( 1st and 3rd floor or 2nd and 4th floor), with 1350/ sq mts is construction area and in which 1200 sq mts is one flat total 4 flats. my brother intention is that, after ever the amount paid by builder should be divided into two part among our two brothers and in one flat my mother will stay and in another flat he is planning to occupy of rented to a tenant or may be forcely sell that flat.
Please suggest me in this,, what type action that my mother can take.. so that I will pass the message to my mother.
I want to see my mother happily till her last breath. And after is left that will come to among us. but my brother 51 years is creating problem in property issue,,.
what type action we can take,, do we have any section to stop this.. so that my brother has wait till my mother decision,,
Thanking you all once again..
Regards
DAS.
Devajyoti Barman
(Expert) 11 April 2014
Your mother is owner of the property. If she do not like no one can force her to enter into the development agreement.
If she enters into the same she can make a family settlement about distributing her children's share in respect of particular flats.
