Property matter - elder brother adamant and says what he want, he want
Suresh
(Querist) 01 September 2014
This query is : Resolved
Parents (jointly built up properties all property is on name of mother). Mother was running a shop and father was in government job and also helping his wife to run shop. And all sons were studying and also helping mother in running shop when they have any free time from study in childhood.
All of sudden tragedy happens in the family father got expired and whole responsibility comes on the shoulders of mother to bring up her sons to get them established and settled.
She was getting government job of his husband on compensatory ground but decided to give that government job to her eldest son and plan to continue to run the shop.
Slowly slowly time passed and her other children who were studying and also settling in their career and life.
In this period every member of family giving his earning to elder brother and family income to let the family progress or elder brother was managing all the finances and everything was in his hand others were adult but blindly supporting the elder brother that he will get the family grow.
As the time passed brothers are getting married and still giving their earnings and family income to elder brother requesting him to construct house so it can accommodate future families of four brothers.
However, Elder brother not giving ear to this request and slowly slowly , brothers who are depositing his earnings with elder brother started sniffing wrong intentions of elder brother as when younger brother say to construct the house, he never reply on this subject and start fighting and say now shop and all busineses are in loss and every month there is loss. Now problem arise. Elder brother said too much expenses and all money is getting spend in managing day to day life of all. This issue stretch again for 2-3 years (quarrel continues , elder brother, brother in law start interferring in family matters) and finally second brother decide not to deposit his earning to elder brother till he will not clear how family of four brothers will live in future and when we will construct the house. Family have two plots (one is commercial and one resedential) and one flat (All in mother's name).
All family living is this commercial cum resendetial property from last 25 years, (This property is commercial cum residential, constructed years back , not well designed or space utilization). Younger brother said tell me when we construct the house , you tell me, I will take loan give you lump sump amount but can not deposit earnings every month , and if u say loss, loss, as after 10 years also you will say loss.
Finally after much quarrel one day elder brother disclosed his malafide intentions during fight, said he wants this commercial property or what he likes and what he wants, rest think about themselves (All are in position to build the house and can live in the house at each floor) but elder brother says he want this prime property where all complete family is living from last 25-30 years.
This has created lot of problems and no one is in good terms with each other . Mother is also in not with good terms with elder brother as he doesn't listen anything, his wife is of fighting nature , elder brothers brother in law also interfere much in family matters.
Mother
1. Elder brother - His wife quarrels much
2. Second brother
3. Younger
4. Youngest
Now, after lot of fighting , [now, second brother and youngest one is one side (M, 2 ,4)] , and elder and younger (1,3) is on another side.
Mother is with (2, 4), 2 and 4 say lets construct this house of four floors and each brother takes each floor.
1 say i want what I want , 3 says I am with 1 whatever he will do. 1 , 3 also kept all the money which he was managing and others were depositing with him in hope elder one will construct house for all.
1 and 3 are in government job, 2 nd one is in private job and 4th one has just completed his studies, 2 , 4 are still helping mother to run the shop. Earlier, 1 was also helping mother but 3rd one never did much and was just studying only.
Now, 2,4 wants we all live here, still ready to contribute their earnings but amount when work is known, not just deposit all spended, and there is loss, but 1,3 intentions are not clear.
Currently, Elder brother and 3rd one had occupied the Ist floor one room each in the building which was build okay in the old construction also (means family of mother) . Mother also occupied one room to just sleep otherwise they force mother to throw out. 2, 4 occupied 3rd floor not build fine. ALL giving earning to elder brother but he was saying loss and was not disclosing about building the house or what are his plan as he is taking earinigs of all memebers of family. 2 nd says either you don't take daily monthly earinings of all members and say, loss else take big amount and let us know how four families will be accomodated in future. This building is commercial cum resedential and another one is resedential. 1 ,3 are in government job earlier 3rd one in Private job but moved to gvnt job, 2nd one is in private job , 4th has completed studies lately.
Please tell me what my mother should do so that 2,4 rights are protected and in future there would not be any problem. 2, 4 don't want others right but 1 and 3's intentions are not clear. 2, 4 are disclosing all that lets built both plots and each brother takes each floor at both places. but 1 and 3s intentions not clear just fight and want money and say loss and start fighting. 1 and 3 are in good government job also
If you want i can provide more details.
We have other properties also etc in village and here also but rather then discussing about them , I personally was depositing my earnings and wanted to construct these houses so we have enough and sufficient for four brothers and their future families, so in future also we won't fight when we have enough and we can get adjusted and accommodated and we keep on progressing but my eldest brother intentions not clear he says keep depositing your earnings on monthly basis (no other way , as lump sump or for what reason no question only deposit earning and forget) till whole life and then loss and don't ask anything and don't discuss to build anything, unable to understand what he wants,
Please suggest.
Isaac Gabriel
(Expert) 01 September 2014
Try to sit together along with well wishers, senior memebers and relatives to sort out the issues.Lest,the family network preserved for all these years will be shattered.If you resort to legal remedy,it will take yers together.
Kumar Doab
(Expert) 01 September 2014
Agreed with Mr. Gabriel.
Otherwise mother is the owner and she can give away any property to any one in her life time by Gift/sale/transfer...................deed etc or by WILL in her life time and eject anyone from any property.
Rajendra K Goyal
(Expert) 02 September 2014
Amicable solution is beneficial to all otherwise mother should exercise her option to gift the property she is holding as per her wish.
ajay sethi
(Expert) 02 September 2014
be brief and to point . contact a local lawyer
malipeddi jaggarao
(Expert) 02 September 2014
No need to give more information! You have given more than sufficient repeating the same many times. Be brief and to the point.
There are two aspects:
1. Family settlement by roping in well wishers. Your mother should take lead and call for a family meeting and discuss the issues for settlement. Her wish should be given priority as she is the real owner. You brothers might not be knowing that if she wishes, she can even gift away the entire property to an unknown third person leaving all of you!. If anybody is adamant they may end-up without any property if the mother excludes such sons. But since it is a joint family, leave apart legal provisions, fulfill the wish of your deceased father and wish of your living mother and come to an amicable settlement with the help of well wishers. At the same time, there is no point in giving all your income to one brother and depend on his mercy.
2. Exercising legal rights. As the entire property is in the name of the mother, as all properties are in her own name, though her husband contributed his money for acquiring such properties and you brothers have worked for development of business. Legally speaking it is her self-acquired property and she can deal with it in whatsoever manner she wishes, she can exclude some of her sons, she can even give away the properties to any third person ignoring all of you. But mother is mother. Her wish that all her sons should get equitable share in properties should be honoured by all you siblings instead of quarelling among others. When there is no right where is the claim of any one of you? All of you are at the mercy of your mother and it is your duty to fulfill her wish and settle the matter amicably. Brief your elder brother and his supporters with the legal provisions and bring them across the table for amicable settlement.
Suresh
(Querist) 04 September 2014
Thanks a lot for your replies.
But Sir elder brother and 3rd one is very adamant, elder intentions let all things get spoiled 3rd one don't do anything both are in good government jobs, i say leave elder one let 3rd come forward and we 3 including youngest one work hard and take the family on progress path, my thought is first we build enough or sufficient for four brothers and their future families so that situation don't come where we fight as others but I am unable to understand what my eldest brother want, he say what I want i want and I will not do anything and blocked all the progress of the family , he needs all cash of the family as soon as others get and will not build anything as he will say loss, loss , and no one will ask how is loss, i say let me come forward provide me chance to look into why is loss it but he and his wife starts fighting. He has two daughters and says "I will get them married and will die ". So why I allow family or any one to progress.
malipeddi jaggarao
(Expert) 04 September 2014
I have already given you two directions. You have to choose one and manage your affairs.
T. Kalaiselvan, Advocate
(Expert) 06 September 2014
a very lengthy query and have been given proper regards. You may proceed as advised.
