House deed

You can't evict your brother as he also holds share in the house.your parents can gift their share on your name so you and your brother alone will be co owners of the house.now your brother have the option of selling his share to you or vice versa.if he says he doesn't agree then you can file a partition suit to claim your share

There are two options. You can file a declaratory suit claiming entire title to the property on the ground that the entire consideration for purchasing property had been met you. However, everything depends on evidence and the ase could be long drawn our. Alternately you can file a partition suit under the Partition Act. 

You are in USA, and whether you return back to live with parents during their life time or not is not known .  If you enter into litigation, it may further complicate the position of your parents.  During your next visit, get the parents share also transferred through a registered will specifically stating that the entire amount for purchase of the house was your own funds. Whether they fight or ill treat your parents, still your brother has taken responsibility and looking after them.  I think that every India, particular Bengali has still sentiments including your brother, and in a family with old age parents and teens these type of problems are more common.  Even if you take them to USA, they may face the problem.  The next best alternative is accommodating them in a reputed old age home.  You can afford that and it is not a sin to accommodate parents in old age home, where they can interact and they can be looked after with care and more communication which every Bengali likes.

Thanks a lot to you all for your responses. I want to ask P.Venu regarding the declaratory suit. After seeing the current behaviour of my brother and his family, I really want to claim the ownership to the whole house as I paid for everything. My brother has not spent a single paise in last 14 years towards the maintenance of the house.To buy the house, I had sent money through money transfers and checks. My brother doesn't even file income taxes.I I don't think he can claim to have spent any money .What would be the best way to proceed with the declaratory suit ? Does my parents need to initiate any action ? .

Thanks

In the declaratory suit, everything depends upon the evidence you can adduce in order to prove that the entire consideration for the purchase of the property has been borne by you. Necessarly, your parents are required to lead evidence.

If the given facts are correct, you need to take immediate action to ensure that the parents need to take immediate action to execute a gift or will in your. There, they can assert that the transfer/bequeath is executed because the entire consideraton was borne. Such a recitation may strenghten your case.

 

It is a novel idea to file a declaratory suit to declare the title of the property in your name on the basis of the documentary evidences of all the financial transactions that were made by you to purchase the property.

But this may not have a good reception especially under benami transaction act, therefore instead of losing the battle at the end of long drawn legal battle, it would be better to think of an alternate idea now itself.  By this your parents can transfer their share in the property in your name by executing a registered gift deed, in which the history of purchase of this property (i.e., your funding) can be recited, after which your brother will be left out with only 1/4th share and to decide about his share, a partition suit can be filed  seeking division and separate possession of your share which may include your parents' gifted share too. 

Thanks, Mr. Kaliselvan for correcting me. I am sorry that I had overlooked the provisions of the Benami Transaction (Prohibition) Act, 1988.

The suggestion made by the learned expert is the best option in the facts and circumstances disclosed.

 

My hearty thanks to my learned friend and expert Mr. Venu for his appreciations, hope his relentless service through this forum continues with full vigor and enthusiasm and God bless him a healthy and long life.