Vineet Kumar (Executive) 20 May 2011

Brother cheating on me

Respected Experts,

I am from Delhi. I have one younger brother and one sister (married). The house in which I and my brother are living was divided equally between us through will. The original copy of the will is in my brother’s possession. He gave us a photocopy of this will. No share was given to my sister. However my sister does not agrees with the will and will be challenging the same.

We have a Kothi with 3 floors (Ground, First, Second). My younger brother was given the ground floor, I was given the first floor, and the second floor was divided among both of us. The second floor is been rented out. My brother is not giving me my share of rent. Whenever I try to approach him, he sends his wife or kids to say that he is not at home. When my wife spoke to his wife she said that the tenants are not paying the rent. When I approached the tenants the say that they do not want to speak to me and ask me to speak to my brother instead. These tenants are girls as it is a PG accommodation. When I try to speak to them the hard way, they threaten me to call the police and will report physical harassment. There is some sort of agreement between my brother and tenants, as the tenants speak to my brother’s family daily.

Also my brother has recently done some installments around my floor (AC, Plastic sheet shed etc.). These installments will be coming in way of any future renovation of my house.

He has also acquired a small portion of my floor, when my parents were alive and they supported him in that.

Please advice as I am unable to find a out of this situation.

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5 Replies

Harsh (Advocate) 20 May 2011

Hi Vineet,

I would be able to assist you in your case.

I am practicing lawyer in Property Law cases in Delhi

Hope to hear more from you soon.

Regards,

Harsh Parekh

Advocate

9971780620 (M)

adv. rajeev ( rajoo ) (practicing advocate) 21 May 2011

Issue legal notice to the tenents to pay the rent to you then there may be compromimse between you and ur brother.

suguna prasad kalvala (advocate) 21 May 2011

hello first try to consult ur brother and get the problem solved emicably , if it is not possible then u can look to the court of law try to extend consultation for a happy and peaceful living suguna prasad Advocate 9949995476

AAK (Advocate) 21 May 2011

The relief you want is just a share in the rent... u just issue legal notice to tenants to pay the rent to you or vacate the premises....

Vineet Kumar (Executive) 26 May 2011

Thanks you all for your expert comments.

As advised by you I again tried to speak to my brother yesterday. He was not at home, but his wife said that we should not speak to the tenants; we have no right for that. She said that they will give us our part of rent when they will get the same from the tenants, but we should not speak to them. We said that why we should not do that as we also have the equal right in the same. We can do that through court if they don’t cooperate. She said that we only have the photocopy of the will, which will not help us in any way. This completely makes no sense.

I have the originals papers of the house (registry in name of my parents). They are forcing us to give them those papers as they need those for preparation of some notification for ownership. If we give away those papers then it will be very difficult for us to get them back again.

Can anyone advise what this “Notification of ownership” is?

Would it be of any benefit for me for having those papers (registry in name of my parents) of the house in my possession?

Can they take those papers through court?

How could I get a copy of the will as none of the witnesses are cooperating and we do not know where it was registered?