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flawlessking (programmer)     26 November 2019

When Your brother betrays you - Property Dispute

--(Dadar Property)It's a PWD Property in the name of my father. We have been living here since 1965. My father died Intestate in year 2006. We are 5 siblings 3 daughters and 2 sons who are mentioned as nominees in this property.

--(Chembur property) In year 1991 my younger brother got separated, My father Bought another Property(2 chawl rooms) in Chembur in the name of my younger brother and my younger brother's wife. With a family mutually understanding that the Dadar Property will belong to me.

-- All was okay until my father and mother were alive. after their death my younger brother played a very dirty game with us.

--(2018) I went to PWD office to transfer the property on my name since it belonged to me already as per my father and mother. No written deed though but verbal agreement to which all my sister's and their husbands are witness and many of my relatives too. The PWD officer asked for the NOC from all nominees to proceed with the transfer. All my sisters gave NOC but my brother shamelessly denied.

--(Demanding money/50% share in writing to give NOC) He is NOT ready to give me NOC untill I give him 50 percent share or money which he is demanding. He is demanding 50% money of the present days value.

TOTALLY UNFAIR this is.

--( My demand) I demanded to give me one chawl room in Chembur which our father gave him and take 50% share from Dadar Property which any layman can agree upon but he just don't want to agree.

HOW CAN I OVERCOME THIS SITUATION, THIS IS TOTAL BETRAYAL, MY SISTERS TOO CAN'T DIGEST THIS EVILNESS. He just don't want to get involve in family meet-up regarding this matter, he doesn't even want to settle this in court. HE JUST WANT HIS SHARE that's it. He told me that the Chembur property belongs to him just because he was bought on his name and I don't qualify for a share which is just 100%. wrong. he was just 18 when he got married and It was me who paid up his marriage expenses, I was a working man,38 yr old that time. For just being a good brother and a son he is taking me for granted. he didnt even had money to buy clothes how would he was able to buy property worth 3 lacs at that time. that money was given by my father.

PLEASE GUIDE ME HERE AND PROVIDE A CONCRETE SOLUTION TO FIGHT BACK.

THANKS.


Learning

 6 Replies

Kishor Mehta (CEO)     27 November 2019

It will depend on whether the properties are purchased or rented.

flawlessking (programmer)     27 November 2019

the properties were purchased by our father

Kishor Mehta (CEO)     27 November 2019

You should immediately consult a practicing advocate.

SHIRISH PAWAR, 7738990900 (Advocate)     27 November 2019

Dear flawlessking,

You have very good case against your brother. You should approach civil court and initiate legal action.

Regards,

 

G.L.N. Prasad (Retired employee.)     27 November 2019

The presumption in a joint family is that it is always joint, unless and until it is established that there was an earlier partition, and the property was divided in metes and bounds and reduced in the form of understanding.  Your brother can not claim exclusive rights because the property was in his name alone as he remains undivided on record and it is his burden to prove the manner in which he has acquired the property..  Your brother is a trustee of your entire family.  Unless entire process is studied through documents, offering any guidance may not serve your purpose.

Contact a local advocate and seek partition of the Chembur property by issuing a legal notice and depending on such response proceed further remembering that litigation is always time-consuming, expensive and disturbs the peace of mind and relationship.

P. Venu (Advocate)     27 November 2019

The best option is in the filing a suit for pertition, including the property in possession of the brother with the pleading  it is also part of the common family property having been purchased with the late father's property.


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