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.
Dr J C Vashista
(Expert) 18 June 2016
Yes, it can be filed to recover the amount of their share on pro rata basis.
Rajendra K Goyal
(Expert) 18 June 2016
Try to have amicable settlement with the brothers.
In absence of written agreement, you may not gain much from court case.
