hitman hitman 08 October 2019

Breach of Trust - Property Dispute

I have already posted one query but that was just half baked story, please I want you to read the entire situation here and guide accordingly, I am in desparate need of advice.

I want to make it as simple as possible for you to understand.

Timeline
1.before 1990
We owned 1 house in Mumbai, on the name of my father, we are 2 brothers and 3 sisters(sisters got married in 1980). Only we 2 brothers were mentioned as nominee.

2.1991
Father retired, received 1.5L rs as service, and bought 2 flats in thane in the name of my younger brother and my brother's wife ( I took no objection here, as it was mutually agreed the Chembur property will belong to me, verbal agreement, no deed whatsoever, All three sisters and my brother in law's are witnesses)

3.2015
My parents died this year, since 1991 all the expenses, care, their well being was looked after me, they both trusted me alot and use to curse the younger brother who didn't even called them, did't took care of them in their final years.

4.2016
I started the procedure to transfer the property in my name, the officer demanded the NOC from my younger brother since he was a nominee too, so I called him for the same and to my surprise he denied! completely shocked ! how in the world someone be so selfish, greedy?? no ethics!

his arrogant statements
"do you have written agreement?"
"do you know law?"

5.2019
Till date, things are as it is, sisters are in my favour though.

The Facts
1.My younger brother was just 19, newly married, jobless in 1991 without any money, how in the world he bought property worth 1.5L?? noway, the property belongs to my father and its his self acquired property bought on my younger brothers name.

2.Tons of witnesses, sisters, brother in law's, relatives they all can give in writing

This is totally breach of trust, I just don't want him to get away like this, How my parents have suffered in their final years, there pain of thier younger son denying his duty towards them, not even talking on phone with them. And now misusing the law is totally unfair.

Guys, I need a way to tackle him, I need help from you guys, please share your valuable comments, let me know rules/law's so that I can engage a clever lawyer to teach him a lesson

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3 Replies

hitman hitman 08 October 2019

edit
4.2016
He is demanding 50% share to give NOC

Real Soul.... (LEGAL) 08 October 2019

Sorry to hear about your situation

Actually the problem is serious for you since your father has done a blunder; The property in the name of your brother shall remian his owned as the sale deed in his name

Now if you will challenge the deed that would be near impossible even if you bring tons of witnesses; Had your father challenged the deed it would have some substance.

Reagrding other property you can by way of oral witnesses prove that your father made an oral will by way of which the other properties will be givn to u solele/

The process is time consuming and hectic ajnd results not sure

Better you engage all your social connections and relations to pressurize ur brother for transfer and NOC

hitman hitman 08 October 2019

Thank you Mr Sohail I really appreciate you taking out time to reply

1. ok, challenging the deed would not be a feasible option, as the property belongs to him. But I have got some audio recordings of him clearly stating the property was funded by our father.

2.As you said the property which I stay currently, by the means of oral witnessess CAN be claimed, though still some outside chance is there.

I don't want any share from him, I am happy with what I have got, it's him to understand but due to this blunder by my father(rightly said by you) it has been for easy for him to deny the facts.

Well my brother has got stubborn personality, he is antisocial, doesn't give a damn on what other thinks, he knew very well until and unless our parents die he won't be able claim it, pity to say but he waited for our parents death. And due to my stupidity I too didn't took the partition seriously and never ever wanted my parents to go thru this during their final phase, that would have made them sad.