Property dispute between brother
N.VijayKumar
(Querist) 09 July 2012
This query is : Resolved
Sir,
Please guide me
We are totally three brothers and two sisters.
Brother 1 - My elder brother is 45 years of age he does not come to our house nor as the food nor stay with us once in a year he is visible in our lane and does not talk with us he is like this from the age of 10 years of old. My father tried to his best but he is like that and he is not interested in our property nor our family he is not married and he is at the age of 42 as of today.
Brother - 2. My second brother is not educated he is 9 th pass and he said he does not want to go for school and started working as a contract labour. He gets 3000 rupess per month. he is married 7 years back. and they did not had any kid. recently a year back they had a baby boy. they had quarrel with my mother and left home.
Myself done BA MBA and working in an MNC and getting arount 31000 salary and married and having a year old baby girl. From past 12 years i am working in an call center environment and my health is also not so good.
My two sisters are married and settled not interested in property.
My Father expired in 2002 when we both of our brothers were working. my father as three properties all is self aquired property.
My mother is alive and staying with me as my father is a central govt employee my mother is getting pension of rupees 6000. which she is spending as per her wish. i am taking care of my mother.
Property A - The one which is in 15*30 measurement site in which two floors were build. Second floor i have spend money and constructed the house. Ground floor it is been rented and i am taking the rent. First floor in which my mother is staying. The second floor the one which i have constructed i am staying with my wife and kid.
Property B - A 30*40 site in which 15*40 measurement land two floor house is build all rented. The total rent is 12.000. The 12.000 my second brother (Brother 2) is taking forcefully. on the other half of the site 15*40 i am constructing a house four floors (ground, i, ii and iii).
Property C - A two hectare land in Doddabalapur.
Now, my second brother (Brother 2) says he wants Property B (the building constructed my father) to himself and taking rent 12.000 forcefully from us and saying that i can only claim the half vacant land in which i am constructing the house. Moreover, he wants one house in Property A Ground floor and a equal share in Property C are his claims legal. In that case i would be getting a half vacant land in Property B and a one hectare in Property C and in Property A second floor house which i have constructed. PLEASE SUGGEST WHETHER, MY BROTHER - 2 CLAIMS ARE LEGAL
If, not what is my percentage of claim and also what is the best method to divide the property A and B.
Adv.R.P.Chugh
(Expert) 09 July 2012
At the time of death of father in absence of a will the property came to be vested in the the children and mother in equal respects i.e to the tune of 1/6th each.
N.VijayKumar
(Querist) 10 July 2012
Sir,
Thank you for providing the response. I have the share of Property of 1/6.
However, as per discussion in my family.
My Mother says she does not want claim in the property as she is getting Pension of Rs 6000.
My two elder sisters they are married and well settled and they do also not want any claim in the Property.
My Brother 1 - Is not coming to our house and he has never expressed is wish for claim in the property and nor his is married.
Actually my Brothery 2 is not educated and settled on basis of that he is claiming
He wants Property B (the building constructed my father) to himself and taking rent 12.000 forcefully from us and saying that i can only claim the half vacant land in which i am constructing the house. Moreover, he wants one house in Property A Ground floor and a equal share in Property C are his claims legal. In that case i would be getting a half vacant land in Property B and a one hectare in Property C and in Property A second floor house which i have constructed. PLEASE SUGGEST WHETHER, MY BROTHER - 2 CLAIMS ARE LEGAL ON THE BASIS OF HE IS NOT EDUCATED AND NOT SETTLED.
ashutosh mishra
(Expert) 10 July 2012
You all are three brothers and two sisters and your mother counting six hence each of you have 1/6 in what is left by your father.
If sisters are not interested in their share they can relinquish her share by a registered deed in favor of all or any of you,as they wish.
As regards to constructions made by you they can be claimed to be allotted in your share.
How your brother is taking rent forcefully?
You have not stated who has let,you alone are he alone or both of you? Who one is the landlord?
Education or non education can NEVER be ANY ground to lay a claim of share in any property.
