PROPERTY DISPUTE
Querist :
Anonymous
(Querist) 26 December 2010
This query is : Resolved
In 1980, plot of land with house partly constructed was purchased by my father in the name of my mother. All the payments were made by my father out of his retirement dues & personal loan. My mother has three sons & no daughters.In 1983, the part of the house on the groud floor was occupied by the elder son. Before taking possession, he made unauthorised addition of one room without the consent of my father & mother. The parents also did not object to this. For making additions/alterations, my elder brother through my parents made me shell out Rs.25000/- which has not been repaid to me by anyone till date. I also paid the amount with due respect to my parents request. In 1990, myself (second son) occupied the first floor and from 2008, I shifted to another place of bought by me on account of harrassment by the my elder brother. The place occupied by me are presently under lock & key, not surrendered and under my custody. My elder brother continues to stay at the same place till date. In 1987, one of the tenants vacated the house adjoining to that of my elder brother. After one year, my elder brother also took custody of the adjoining house without the consent of the my father & mother. The youngest son does not have any house in the existing constructed property. Major constructed property (6 rooms admeasuring 750 sq feet) on the ground floor is under custody of my elder brother and 3 small rooms admeasuring 300 sq feet on the first floor in under my custody. In 2007, my elder brother with the consent of the other two sons constructed an additional room (unauthorised) under the pretext of his son's marriage. The other two sons gave verbal permission with the condition that all consequenses for unauthorised construction shall be his responsibility. Since last 25 year, all the 3 brother have had various discussions & meetings for settlement of this property. But time & agains, my elder brother creates hurdles and fizzles out the whole issue. For last more than 50 years, my parents with her family was staying in Mumbai. It was a small place not enough to take care of the expanding family. Hence in 1980 as the elder son was working in the area where the said property was purchased and he came across this propety for sale. This was discussed with the my father and mother. My father for the welfare of family and see the future of the 3 children invested in the said property. Now time & again, when the issue of settlement comes, my elder brother says this property was purchased for me, hence I am not going to move from here and you 2 brothers can go and fight for your rights. At times he say he wants 20 lacs compensation for shifting from here. Since it is an acquired property, my mother can take tough decision, but she is not bold enough to do. But on the other had she is being abused by my elder brother and he does not listen to my mother also. She does not want litigations as it will give a bad image in the society and among relatvies. As a result of all this, my elder brother is taking advantage of the same. My mother does not have the guts to take firm decision. Her old age and health has been detoriating day by day, but my elder brother does not allow the settlement to take place. We 2 brothers are deprived of our share either in cash or in kind. Recently my mother, younger brother & myself had decided to sell the property and divide the proceeds. To this also my elder brother does not cooperate. Kindly advise how do we get our rightful share which our mother agrees to give ? How can I get the Rs.25000/- paid through my parents for the development of my parents property ? What is the solution for settlement with going into litigation ?
R.Ramachandran
(Expert) 26 December 2010
Dear Anonymous,
Since the property is in the name of your mother she is the absolue owner of the same.
Whatever money that you gave etc., you cannot recover legally now. You can go on repeat and say that "i gave the money, I gave the money, the same has not been returned yet", but you cannot recover the same.
As regards the property it is in your mother's name and during her life time none-of-you have any right to claim any share.
It is only after her life time, if she has no left any WILL or has not gifted out the property to anybody, all her children i.e. you, your brothers and sister(s) if any can have equal share.
At that time, you can file a suit for partition and claim your rightful equal share. BEFORE THAT EXCEPT LAMENTING, YOU CANNOT DO ANYTHING.
