This is about agriculture land dispute between family members. My Father had purchased following three properties:
1) 10 acre agriculture land purchased on my name in year 1967 when I was minor (ie 6 years old)
2) 5 acre agri land purchased on my younger brother name in year 1983 when he was minor (ie 15 years old)
3) 5 acre agri land purchased on my mother name in year 1983
4) I have purchased 2 BR Flat in Bangalore in year 2008 with my own earning (salary +bank loan) and not taken any financial help from my mother and brother
5) Brother is staying in house brought by my parents in year 1980
6) I have given fund (through chqs) to my brother to start the business in year 1995 and he has made lot of money and constrcuted shopping complex.
7) My brother is enjoying income from all 3 agriculture lands since 15 years and he had not given single Rupee to me
My mother was staying with him since demise of my father in year 1998.Dispute started between brother and his wife and mother in year 2010 and she is not able to bear torture given by brother family and came out of her own house and staying with me.
Now the issue is my brother is not allowing me to take possession of my 10 acres agri land nor allowing my mother to take care of her agri land till I give 50% value of 2BR flat to him and even not ready to partition the agriculture land between three of us.Hence we also stopped him to take possession of his land thinking that he will come forward to settle the matter.In this dispute all 3 piecies of lands are left empty (unused) since 3 years.He is very arrogant and not ready to listen to my uncles and relatives to discuss on this issue till he get 50% value from my 2BR flat in Bangalore.
Can you please advise on following points:
1) Is my brother has got right to cliam 50% value from self earn 2BR flat?
2) Is my brother got right to claim 50% agriculture land owned by me?
3) Can mother can claim her share (1/3) in agriculture land owned by me and my brother?
4) Do we (me and my brother) have right to claim share of land owned by mother?
5) How can I claim my fund given (chq payment) to brother to start his business in year 1996 and income earned from my agri land (10 acres) for fast 15 years (since demise my father)?
My mother and me wants to take possession of our agri land through legal notice then go for family partition suit.Can we go to local police station to file FIR against my brother and take possession of land? or we first send appropriate legal notice to him then file FIR in local police station to take possession of agri lands owened by us.If you advise me to send legal notice , what could be the best suitable legal notice we need to send?
Expecting your reply and please advise. Thanks in advance.
