Legal Question in Real Estate Law in India

My father is the youngest of the 4 sons to my grandparents. My grandfather built a 3-floor house. He passed away in 1990. 11 years ago even my grandmother passed away. The house was built 40+ years ago. Since then all 3 brothers are in the possession of the house. My father moved out of the house in 1986 since he got a job outside the city. But he was integral part of the family since he was the most well educated among his siblings and was very much in love with the family as he was away for most part of his life(since high school). Soon he got married. Though he was married, he didn't stop caring about his family. He took care of the medical expenses of my grandfather whose kidney had failed and had to go through dialysis regularly. None of his brothers paid a penny. Since he was working in a central government company he was offered loan to purchase a property. He took the offer and took loan for almost entire amount of the property. Some help was offered by his brother-in-law. In few years my grandmother fell ill to a nerve disorder and was bedridden for 4 long years before she passed away. During the same time my father had troubles in his life. The company he was working for incurred losses and stopped production. My dad took risk of voluntary retirement and spent almost half of what he got on clearing loan. To sustain family he tried his hand in businesses which ended up as losses. Now all that we are left with is the house. He took up jobs that were below his grade and paycheck as much as 20% of what he should be getting paid just to provide food for me and my mother. All this while he never went to his brothers and asked for a penny. Then came the disaster. The disease that my grandmother died of was a hereditary disorder. It cripples the person and makes him weak. The victim totally loses control over his body. And my father was diagnosed with this disorder at a very early age, and I was 17 years then. His eldest brother was also suffering from the same. But was wrongly diagnosed as parkinson's, even my grandmother. There is no cure, but the patient needs regular doctor attention and good care.

The sons of my granddad are Ravi, Prabha, Vijay and Amar in the order of their age. Ravi is in possession of the ground floor, Prabha was in 2nd floor till 2011 and Vijay has the top floor even now. Ravi was government employee. He took voluntary retirement by the end of his service. He has a history of alcohol abuse, and bad habits. He passed away a month ago. His family still resides in the ground floor.

Prabha stayed in the middle floor (where my grandparents also stayed). He is a clean man. But he loves money more than his brothers. Since the passing away of my grandfather he took responsibility of the household matters. He owns a 2-floor property in a posh location and gets good pension. Also he has several plots in his daughter's name.

The 3rd brother worked in a govt. press. Now he too is retired. He suffered paralysis stroke many years back and walks slower. But he has a history of gambling, alcohol abuse etc.

And the last one is my dad. And you already know the story till now.

After he was diagnosed with Huntington�s Corea, my father approached Prabha and sought help. The first time he�s asking one of his brothers for help. He asked his politely to move out of the house so that he could get treatment regularly. I had also got a under graduation seat in Bangalore. As we thought at least something was going in our way Prabha had a wicked idea. He demanded to give his share of property value from my father who was going to be crippled in few years. During this time my college had already begun and I was left at the house thinking that Prabha would not drag kids into the elders fight. But he was a cruel, greedy person. At the time when he and his wife went to meet their daughter who is married off and lives elsewhere, he locked all the rooms except mine. I didn�t even had the access to bathroom and kitchen and had to use them on top floor or the below one. He did that on several occasions. This was the first instance my father hated his family for being cruel to him. He demanded his brother to vacate the property soon. He warned him that he would not sign the PARTITION DEED and put Prabha�s every property under risk of being shared among all brothers. Due to the fear of losing the larger pie, he took off his sights from my father�s self acquired property. Finally he had agreed to vacate the property and hand over the keys by March 23rd 2011. He gave it in writing and witnesses were Vijay and Ravi. Even they agreed to us coming there.

Prabha was supposed to give key after the deed was signed by all the brothers. By this time it was already difficult for my father to walk, and I had moved back with my parents. I had to take up loan to continue my education and I had to pay very expensive fees as I had joined a year after the course had started. When everything was coming together Vijay refused to sign the deed. He wanted his own terms to be included in the deed to which Prabha didn�t agree. Slowly he occupied the 2nd floor. He�s done some alterations to the house according to his liking. And wants us to cover the costs, for him to sign the deed. He�s ready to give my father the top floor, but his son is not ready to vacate the room. So they want 3 of us to live in a room if we ever go there.

Their acts has made me feel disgusting towards them. I don�t want to live with them anymore. Now that I�m graduated I can take care of the basic expenses of my family. My parents are ready to sell our house to clear out loans that we have taken for my education and some when my father unfortunately lost in business.

My sole purpose of this very long story is to get my father justice and what he deserves. Can a criminal case be lodged against Prabha and Vijay for breaking the agreement? I want to fight for every penny my that belongs to my father. Can the property be locked if the case is registered in court? I want to know all the possibilities. I want to know what are the things that are on my side, and also those against me.

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