Partition Of House
sagar Rao
(Querist) 05 January 2011
This query is : Open
Dear Sir/Madem
My father had won 400 square yards land and myself and my elder brother built the house by investing an amount of Rs.9 lakhs in which i contribute Rs.6 lakhs and my elder brother is Rs.3 lakhs and we are four brothers and my fouth brother had build bouble bed room portion on first floor by investing 2.5 lakhs and he had died 19 months back and my father expired last 6 years back and my mother/bothers want division of house in three equal parts of 133.33 Sq to each of them,my third brother had not invested any money on property.
As there is no proof of money invested on house, in written document or accounts had been not maintained, only Father/mother and relatives/society people knows.
We brothers are not co operative and having different attitude in sharing of property and my mother had approached our community elders to divide the property by calculating amount invested by their sons on property in the month of June 2010.
Our community elders are given 138.5 squar yards + first floor of two bedroom portion to my elder brother, me 138.5 square yards and my younger brother had given 123 square yards + he had to give Rs.35000/- to me for which they have given one month time to my brother,
We all brothers had to give Rs.2000/- per month to my mother for her expenses and we should provide one room to her if she come and stay with is sons.
All above sharing of property details was written on community letter head we and our community (Society)president & secratery have signed on letterhead.
But now after 6 months are over my two brothers had not given her Rs.2000/-to my mother and my younger brother is refusing to pay Rs.35000/- to me stating that he don’t have money with him, and I and my mother had informed same to my community elders and they also stating to forgive my brothers as they dont have any money, but fact is that their are having the money but dont want to give it me or my mother.
My mother stay with me from last 15 years and from day of division of our house i was little bite angry with my mother,from last two months onwards my mother is staying with my younger brother and my younger brother and his wife had show worldly pressures to my mother by not providing proper food and accommodation in their house, spoken unhealthy langue and my mother is very angry with the way their are treated and now my mother wants to divide the house in four parts so that she can stay in one part of the house along with me and my family, as my elder brother also not behave good with my mother and my mother not at all likes to stay with him.
My mother informed to society members and to all his sons but my two brothers are not accepting and society people are not showing or responding properly.
So i request you all to inform me the legal procedure to get our house divide in four parts so that me and my mother stay in 2 parts together (i,e 200 square yard land ) as my two brothers are not willing to sign on papers and threating to kill my mother if house is dived in four parts and their took away documents of our house(tittle deed) which was with my mother and please inform how to get the document back as they may sell or mortgage house without our consent.
