Legal Question in Real Estate Law in India

Father Passed away in 1981 , i was 10 yrs old. leaving

1. PF, LIC, and savings

2. Plot

3. House

4. 17 acres of land and home in village

further

5. mother recived 10 acres of land from her father as gift which my dad developed to be able to cultivate.

in 1988 my brother thretened me and i had to leave house ..uncles raised me and later i left to USA.

a) during 1999 i gave a GPA in order to procure a loan. brother used the GPA and slod the PLOT and recived the money into his account . i was unaware of this till now.

b) mother took bank loan and developed house into shopping complex.

now we brothers came to dispute. family settlemet came in .. brther claimed his wife gave some money into family , and there are loans still outstanding. and he would geive the accounts of those.

we wrote an agreement on 50 rs stamp paper . that

me and brother would own 50% each of the house/shopping complex. but brother would collect the rents and pay of the laons for 3 yrs .. and it can be extendable another 6 months.

and his wife would get 2 acres out of 17 and rest will be shared 50% each

mother would own the house.

nothing was mentioned about the plot that has been sold or mothers 10 acres or PF, LIC , or savings etc . agreement was only for the house and 17 acres and house in village. agreement also mentions that no further transaction on the propertys will happen without mutual consent.

Now issue is:

brother refuses to give accounts of any debts that need to be paid , nor regarding his wifes money and where it has been invested , nor did he disclose that the plot has been sold.

he claims total right on property as he has the right to lease and i have no right on it till 3.5 yrs and after that he would give me lease amounts what he feels is resonable and i have no right in any transactions.

he also claims property on my mothers name as his , ( my dads house in village which which we agreed to leave to my mother and 10 acres on her name ).

so i have left with no rights at all..

what are my avenues

1. can i send legal notice to drop the 3.5 yr agreement and ask for accounts ?

2. can i claim for the property sold without proper consent?

3. can i claim share in mothers property ..( i really dont want it from her but i want to be equal share holder after her life)

4. can i claim for PF LIC and dads saving that bro has spent ?

5. can i get an injunction on all the propertys using the agreement above and let court review all the claims and do justice? in actuallity he has spent half the property values for himself already .either procees from plot or income these 25 yrs or PF LIC and other savings including gold.

mum and brother both became adamant and claim they will do as they wish and i have no right to ask about past or future and i can only collect lease amount after 3.5 yrs which bro will give what he feels is resonable.

they basically calim i have no rights now what so ever anymore acroding to agreement

1 Answer from Attorneys

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