Dear Sir,
We are 2 brothers and we have no sisters. My mother died in 2002. My father died due to massive cardiac enlargement in 2006. He died without making any will. We brothers stay in (30 x 40) the same house.
Brother and his family stay in ground floor. I and my family stay in first floor. We do have an old house behind our existing house which was tenant occupied till father's death and after that brother had given it to tenant and he took all proceeds of rent without asking or even informing me.
My brother raised dispute stating that he wants to occupy entire ground portion- 30 x 40 (including house he is staying in and the old house which was rented by him).
He had took me to a lawyer and the lawyer stated that a fee of about 1 lakh has to be paid for Property division 50:50. Since we both did not agree to that it was shelved.
Later on I went to BBMP and made the khata the name of both brothers. As of now, khata stands in name of both brothers.
My father had kept some fixed deposits of his entire earnings and I used to take him to hospital for about 4 years. We spent lot of money till his death. I used to travel to and fro. Father had made me nominee for all his fixed deposits.
My brother used to take all the medical bills and he got it reimbursed.
He took all of my mother's jewels.
He has enjoyed the rent till date. Now that the house is empty, he wants to take over all ground floor (30 x 40) and he wants to take first floor too.
He says he wants to renovate according to his needs. He asked share in my father's fixed deposit too. I due to family prestige gave him some portion of it even though he had enjoyed his share.
1. He has enjoyed almost 70% of the money.
2. He has taken all jewellery of mother.
3. He has enjoyed all the rents till date.
4. He has reimbursed all my father's medical bills.
He now tells that he still has to get some money from me. I have all the proof that all the fixed deposits were in my name and I stood the nominee. My brother did not ask a single paisa when father was alive. My father used to give cheques to me in front of them and he was mentally stable when doing so.
My queries to you are Sir:
1. How to solve this problem of property division 50:50 to each of us? What is the legal procedure to get 50% share in property ? How much would it cost to get property division legally in Bangalore ?
2. What legal cases can I put against my brother to stop harassing me for money?
3. He wants to transfer entire property in his name. What legal rights do I have to claim my share ?
4. I have bank entries for proof that I have paid cheques to my brother. Can my wife or daughter claim them in future ?
5. He has taken more than his share. Can my wife file a case against him ?
6. I was the nominee for all fixed deposits. Can I claim back the money ?
Please do reply at the earliest. Thanking you in advance.
