- Subject: Dispute Over Shop Purchased with Family Funds - Need Legal Guidance
Dear members, I am writing to seek legal advice regarding a family dispute over a shop purchased using joint contributions from myself, my mother, and my younger brother.
Facts of the Case: My mother and I each contributed ₹5 lakh via cheques, totaling ₹10 lakh, to my younger brother for the purpose of purchasing a shop, with the understanding that the rental income would be shared.
My younger brother, however, bought the shop jointly with a friend, with both holding 50-50% shares of the shop (so half money my younger brother paid other half by his friend).
The property registration was completed in my brother's and his friend's names. Since the registration and the occupation of the shop by the first tenant, my younger brother has refused to share any rental income with us, claiming that since the property is in his name, we have no rights over it.
He asserts that neither I nor my mother are the owners and thus do not deserve any share of the rental income.
Our Position: We contributed significantly to the purchase of this shop, and the refusal to acknowledge our contribution or provide any rental income is unfair. The payments were made through proper banking channels (cheques), which should provide a clear record of our contribution.
Assistance Needed: What legal steps can we take to either recover our contribution or secure a share in the rental income? Is there any way we can assert our rights based on the cheque payments we made? How should we approach this matter in terms of filing a claim, and what documentation or evidence would be most helpful? We would appreciate any legal guidance or advice from the members of this forum. Thank you in advance for your help.
