Joint property

Waseem (Querist) 18 June 2016 This query is : Resolved
My father had 5 acre non cultivable waste land, he died in the year 2000. After his death, me and my 3 brothers became the joint owners of the land. In the year 2002 we got the land mutated in our names without getting the property divided by metes and bounds. Later, we all agreed to convert the land to Non Agriculture make Plots and sell the Plots. My other 3 brothers were residing in far off places and were not able to be an active partner in the joint property. Hence I was the active partner, they agreed to pay 15% commission on the profit for my work as an active partner. Also, I had incurred lot of expenses in leveling of the land, making of roads, drainage system, NA Fees, Layout approval fee etc. The land now is ready for sale. But my brothers are denying to pay the commission and even not willing to reimburse my expenses.

As I had trusted my brothers a lot, I never bothered to have an MOU or Agreement in place before proceeding with the development work.

I consulted an advocate for the same issue, he suggested that I file a suit against them and have to produce all the bills with respect to the expenses incurred.

Please let me know if there are hopes of me getting my expenses reimbursed and getting my commission if I file a suit in the court.

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M V Gupta (Expert) 18 June 2016
In the absence of document to prove the understanding reached between u and ur brothers,the burden of proving the understanding is heavily on u. In case u are able to prove u will succeed other wise the suit will fail.

Surrender K Singal (Expert) 19 June 2016
You can resist any sale of such developed plots as none of the brothers have independant right to sell, till they agree for your account to be settled from the proceeds ?