Misappropriation of property funds
Murshid Alam
(Querist) 20 December 2013
This query is : Resolved
I am one of the co-owners’ of a property( 3 –storied building ) under
Kolkata Municipal Corporation. The other co-owners are my elder brother,
who is staying in the same premises with his family and my elder sister
staying at New Delhi with her family. There are 9 self-contained flats in the
building, 3 flats in each storey. On the 1st floor, I am in staying with my
family in a flat and above me my elder brother is in possession of a flat. On
the terrace, there is a room with attached bath with kitchen( my sister used
to stay before she settled at New Delhi with her family, 17 years before)
which is now being used by my brother for his business purpose. Other 7
flats are occupied by tenants. My father died intestate on 11.9.1993 and
my mother passed away on 10.3.1996. Since my mother’s demise , my
elder brother is collecting rents from the tenants, being the the elder son.
He sends me by speed post the statement of receipts & payments a/c. of
the rents collected debiting the expenses incurred for maintenance of the
building every 3 months but mostly half yearly. Over many years, he is
manipulating the accounts by projecting pseudo expenses and reflecting the
same in the accounts. When confronted his attitude is very much avoiding
sort of and even if he faces me his justification for his manipulative tactics
is vehemently vague. I often need to go out of station, as my nature of job
entails extensive touring. When I am out of kolkata and my family is
unaware, he does unnecessary minor maintenance work or mostly he does
not; but reflects the same in the statement of accounts overstating the
expenditure( if actually spent by him). The Property tax is still in the name
of my deceased father but the taxes are paid by him from his personal bank
account from the rents collected after debiting the property maintenance
charges. He is also reflecting an amount of Rs.1100/- every month in the
receipts and payments accounts as a sinking fund for repair work of the
building in the future without my consent. He is control of the water pump
motor switch and staircase light. What legal action should I initiate for my
best interest?
Kindly advise.
------ M. Alam, Kolkata
Devajyoti Barman
(Expert) 20 December 2013
You can file civil suit for declaration of your share and accounts and till it is decided a Receiver may be appointed in connection with management of property.
Raj Kumar Makkad
(Expert) 20 December 2013
It is better to file a suit for partition of the joint properties and take possession of the specific properties and this shall only solve your problem permanently.
Consult a local lawyer for this purpose.
prabhakar singh
(Expert) 20 December 2013
First ask your brother by a notice served in writing that he should partition your share
and if he declines file a suit of partition.
T. Kalaiselvan, Advocate
(Expert) 20 December 2013
The partition of the property will be the best solution not only for the present but also considering the conflicts/disputes in the future in this regard.
