We are in total 3 brothers wherein I am the second one. Our eldest brother is a retired government employee and so am I. We do have our land at our native in Mahrashtra which has been take care off by my younger brother for past 40+ years. Due to work implications I was away from my home for so many years. Till our parents were alive I've always visited my village often to check on parents. Post my parents death, for past 10+ years, I've not visited my village due to problems between me and my younger brother.
Recently I visited my younger brother and asked him for a share in the profits he is making through land wherein we grow cotton, tur dal, etc. season wise. He is been avoiding me for long now and making matters complicated. I am a retired employee with no financial support as my son is also struggling with unemployment issues for long now. Also my pension is minimal less than 1500 per month.
Our home at native which belongs to our parents, through some scheme of grampanchayat my younger brother has added only his name on the saat baara of the house. There were lots of hurdles put in to get saat bara for my native home as the gramsevak working under the gram panchayat is hard to catch up. I got the saat bara from Zilla Parishad office which had only my Fathers(deceased) and my younger brothers name on it. On checking with my younger brother, I got a response from him that there was some grampanchayat scheme in 1984, wherein the gram panchayat allowed to add the name of the person in saat baara who was staying in that home. Currently our parents home has been destroyed and a new home has been constructed on the same land wherein my elder brothers son is staying. I was never consented whilst this new home was constructed either by my niece or by my younger brother. They have not even paid electricity bill for so many years. The MSEB has taken off the meter for home too. I am not sure how they are staying, but got to know villagers put some wires on the light poles in the evening and rob MSEB of the electricity.
Due to my youngers brother attitude, I've approached a lawyer and asking for a share for everything that was grown in last 40+ years.
I got in touch with the gram sevak only once through mobile that also with help from someone I know in the village. The gram sevak said the gram panchayat tax has not been paid for past so many years. The gram sevak is asking me to pay gram panchayat tax to get a saat bara of my native home. My lawyer has asked me to get a saat bara from the gram panchayat to file a case in the court. At present i do have a saat bara received from Zilla Parishad.
My lawyer has already sent a notice staking a claim on everything my brother and my niece(elder brothers son) owns in the native. The profits from whatever was grown in last 40 years have been shared by my brother and my niece only. Even my elder brother is supporting me as he too was deprived of any share.
The issues I am facing are as below,
1> Not able to get in touch with Gram sevak. I have to travel 10+ hours to reach to my native, but the gram sevak is never available. I believe my younger brother is using his influence to keep me getting any legal docs related to my native home. Where can I escalate a gram sevak's complaint? Also can i take any action on gram panchayat that has allowed my brother to add his name only? And also allowed reconstruction of the home without my consent.
2> Also am i legally bounded to pay gram panchayat tax in the native home where I've not stayed and rather my younger brother and niece has stayed ? Also can a gram panchayat refuse me to get a saat bara for my home inspite of they knowing that I am taking a legal route and need saat bara for my court case?Also will i be the one who will have to pay the electricity bill thats pending? Where can I complaint about a gram panchayat ?
3> Also my lawyer has sent them notices, for which he has not yet received acknowledgements from the post oofice. My lawyer is saying he is still waiting for the acknowledgements to receive. Its beyond a month when notices were sent, my lawyer did not mention the time limit so that my brother and niece gets enough time to think. My brother and my niece already have received the notices as I got calls from my family members not to take a legal route and try to settle within the family. But unfortunately there is no call coming from my brother and my niece. They have evaded me for so long to talk and they are not even trying now, so I am left with no option but to take legal route. Can we take some action on the post office as they've let my brother and niece read the contents of the notices but apparently have failed to share the acknowledgements to my lawyer?
4> Also in case I smell some foul play later by my lawyer, what options do I have? My lawyer is also native to the village and probably its possible he can go rogue on me due to influence of my brother. How is the scenario of losing trust on the lawyer handled? What is the process of changing a lawyer where in the case is still in its initial phase of sending notices and all that?
I dont have any financial support, I am going to take a loan on my flat where I am staying currently with my family to aid financially to this court matter.
I am trying to take all worst scenarios in to picture and asking for some genuine legal advise from you experts. Please help!