Property dsipute with brother & sister
sampat mane
(Querist) 13 March 2018
This query is : Open
Dear Learned Men,
Dear Learned Men,
We are a family of 4 brothers and 2 sisters and own a property in Mumbai since 1967
I have query related to family property. Almost 20 years ago After my college days In the year 1998 I was forced upon to look after my fathers property after my elder
brother (Mr.B) met with an accident.I was working with Company during this period. The eldest brother ((Mr.A) was abroad during this period.This property was on minimal rent during that time. My Dad (MR. C) was alive during this period.On takeover it was found that brother (Mr.B) had taken Loan from various moneylenders & Co-
operative societies. to repay the loan. Also I have another elder brother (Mr. D) who was working auto dirver but was not earning enough to maintain his family. He too had created liability I had invested by savings & the rent which used to come and pay the maintenance of the property, plus the day to day household expenses required during this period. Elder brother was not bothered to give money to the family expenses.
All the data of income and expenses was shared to Father & Mother during their Lifetime (Father died in 2007 and mother died in the year 2015).
I was working & looking after the property during those days.
All the oldage expenses like Medical of parents was never shared by anyone in the family but only through my salary and rental income which was earned.
Also after the takeover in a span to 3-5 years both brother were unemployed and continue to be unemployed till date. Ther household expenses was also born from the rental expenses which we received from the Property
After the death of both Mother & Daddy, now elder brother, sisters have demanded me the all the expenses & income details since the takeover ( This was shared with them frequently during the period when parents were alive -)
What is the remedy to avoid dispute please advise
Guest
(Expert) 14 March 2018
When some dispute arises, there are always two alternatives. One is the mutual settlement, which is a peaceful and non-expensive method. That can be solved through the help of other elders of the family and friends. The other is through a court of law, which is quite expensive and time taking also for all the parties to the suit. Now it is up to all of you, which route you would like to adopt.
However, in both the cases, you should be ready to part with the required information about the income and expenditure, etc., but with solid proof in your hands. But be aware, if there exists no will of the owner of the property, the share of the property will have to be divided among the legal heirs, or if sold, the proceeds will have to be divided among all of them reduced by the net expenditure you made, as stated.
So, it is up to you and other siblings, which route all of you want to adopt.
sampat mane
(Querist) 10 April 2018
Till date theses guys never thought to help in any form. and when dad and mom were there the accounting data was provided. Now theses guys are asking the proofs like bank statements and other expneses proof. How can anyone keep this record. expt for bank statements.
