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ravi kumar (Self)     10 August 2010

DIVISION OF PROPERTY BETWEEN BROTHERS

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.
 
 
 
 
 
 
 
 
 
 


Learning

 7 Replies

Rajeev kulshreshtha (advocate)     10 August 2010

You can file a suit for partition and mense-profit involving all movable and immovable property of your father.

raj kumar ji (LAW STUDENT )     11 August 2010

HELLO RAVI ,

FIRST OF ALL U SOLVE THE MATTER IN UR FAMILY MEAN WITH UR BROTHER .

AFTER THAT U FILE A CASE IN CIVIL COURT .

BCZZZ IF THE PROPERTY IS UR FATHER NAME .UR BROTHER CAN NOT TRANSFER IT IN HIS NAME WITH OUT UR SIGNATURE. NOW U THINK U SIGHN ON ANY PAPER AFETR THE DEATH OF UR FATHER OR BEFORE .

UR WIFE AND SON NOT CLAIM  .U ALSO CLAIM U R THE 50%SHARE HOLDER OF UR FATHER PROPERTY . 

R.Ranganathan (Director)     13 August 2010

File suit for Partition and mesne profits and also share in the moveables as suggested by Mr. Rajeev Kulshrestha.

m.kupparaju (Advocate)     30 August 2010

Dear Ravikumar,

First try to solve the matter ammiccably, if your brother does not listen to you,  do as my learned friend said i.e., you  can file a suit for partition and mense-profit involving all movable and immovable property of your father. You are entitled to get your share in the property.

TQ

T.Sreenivas (Manager-Accounts)     26 January 2014

Hello Sir/s

Please advice on how to make agreement between myself and my brother.

We have jointly invested (50:50) some amount equally on a land. while purchasing the land we both brothers are on understanding that it will held for limited period i.e. 1 or 2 yrs then dispose off for a better price. Based on this we both have invested amount on the land of 300 sq.yds.

Since we want to held the same for a limited period, the land document (registered ) was made on my brothers name (mutually agreed) on the pretext that it will held for a limited period.

This money what we have invested, we had taken from a external person (say X) on the condition to return the same after 2 yrs (without Interest). The time has come to return the money to X. Now that I don't have money to return and my brother had money to repay (his share). I arranged the same by selling a property on my own and paid back to X on due date.

During this period, when we wanted to dispose the land, the price has come down drastically due to local situation and we are not getting the price what we have invested. It was getting much below the price what we have invested. Then my brother told that we shall keep some more time till the situation becomes normal, then I said ok.

This has happened some 6(six) yrs back. As of now the papers are with my brother on his name.

We wanted to have a mutual agreement between we both the brothers mentioning that - In future or any time we both consent required either to dispose or sell or build house, also include the legal heirs of both the brothers.

I am 47 yrs age and my brother is 54 yrs, any time any thing can happen to me or my brother and the legal heirs might not agree to share the property when one the brother dies.

To foresee future litigation we wanted to go for an legal agreement between us. My brother agreed for the same.

So, my humble request to please suggest us how to go about it.

Request to give advise as early as possible.

Thankyou

Sreenivas

9705563344

Hyderabad

adv.raghavan (Advocate,9444674980)     26 January 2014

Mr.srinivas,

I advice you to go for a FAMILY SETTLEMENT DEED, between you two.

shiv   04 September 2015

hello sir,

my grandfather has one son from first wife which is my father,later first wife died. then my grandpa married to second wife and she has two sons.one son from 2nd wife is dead.now my question is that how  property of my grandpa distributed? will it devide in two wives? or all the three sons including dead one are considered equally? or does the whole property devided in 50:50 to two wifes?


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