Dear sir,
We are 4 brothers, me beign the youngest one. Father expired well before my birth. My mother got mentally unstable after my fathers demise.
Eldest brother continue to live in native, while we migrated to mumbai in hunt of livelihood. Firstly my 2nd no. brother came to mumbai and then 3rd no. brother and then myself. Eldest brother was taking responsibilities in Native. Since 2nd no. brother was illiterate the responsibility in mumbai was taken care by 3rd no. brother.
We bought land in mumbai in 1982 with the money accrued from jointly earned income. But we registered this land only in the name of 3rd brother as mother was mentally unstable, and 2nd brother was illeterate. Till then none of us was married and we were living jointly and happily.
In around 1990 I opened Furniture in the same land in mumbai. My 3rd no. brother opened the textile printing in the same land. 2nd brother used to work along with him jointly and share of income generated from all bussiness was sent to native. The eldest brother has made a property in native from this income in the name of all the brothers.
In 2003 I opened hotel replacing furniture. My only income source now was hotel.
My 3rd no brother in whose name the property is registered, decided to bring residential complex in the same land in 2006 with partnership of 50:50 with the developer.
My 3rd no brother has asked us to shift the hotel at some other place, and promised to give the share to all the brothers after construction gets completed.
I acted according to him and shut the hotel so that plan for the construction can be easily passed.
Now the building is on the verge of completion and has accrued huge market price. In this greed now, my 3rd no. brother is denying property share in this land to any of the brothers. He is stating that since property is registered in his name he has the right to share it or not.
My 2nd no. brother has three daughters to be married and he was having no other source of income. Now printing Company in same land is shut, and land is constructed with building, and non of us are getting the shares though all of us have purchased the land from the income earned jointly, but registered in 3rd brothers name alone. 3rd brother has turned rude. This is unethical and unmoral to claim property just registered under his name for some reasons, but bought from the income earned jointly.
Please give guidance what actions can we take.
1) After this land was bought im mumbai there were several other property was taken in native registered in all brothers name from jointly earned Income, stating that we lived jointly.
2) At the time of buying this property all of us were unmarried except eldest one taking care of native.
3) We had our hotel/furniture in the same land for so long but had taken it off just to pass the building plan and trusting fully our 3rd brother
4) Please give right suggestion what to do.
