Legal Question in Real Estate Law in India

My father passedawat inestate in 1981 leaving

1. PF LIC and savings

2. residential LOT

3.House

4.20 acres of Agricultural land and a House in village

while My mothers father gave my mother 10 acres of land as Gift ( actually dowry) which my father developed and cultivated , out of this 10 , 3 acres was given to my grand mother with stipulation that it will belong to my mother after that. my grand mother passed away already.

i have one elder brother , we both were minors whenmy father passed away.

in 1988 i was kickedout of the house by brother and mother.

Present position:

1. i returned home and staying at home , Brother claims whole property for himself . we requested partition.

2. Funds aquired through dad are all gone . Brother claimed they are spent in building house ..later they demolished house and built a shopping complex in 2000 which has a bank loan, for last 2 yrs brother is not paying the bank loan.

3. residential plot has been sold without my consent.

4. brother bought a car worth 20 lacks for which i paid daoen payment aswel and instalments are being paid from procceds frm rents.

all incomes from shopping complex sale of residential land procceds from agri land including on my mothers name has been collected and used by my brother

Brothers claim:

1. Brother claims his wife has bought 1 lac during her marrage and she should get share for her money ( how and who spent the money i dont know as i was away from house).

2. brother claims all the income and Dads funds has been spent for family ( in which i was not there just him his wife kids and my mother)

3. he claims car as his own

4. he claims there is huge loans and will take 3 4 yrs to pay them off ( refuses to show accounts of what the laons are)

5.he claims residential lot sold for family needs and canot be claimed

6. He claims land given to my mother only belongs to him ..( my mother being of oldage and helpless unable to speak forth)

following is his claim of share

1. 50% of shopping complex .. while he manages the property and leases at his will .. and for next 4 years i will not get any proceeds.

2. out of 20 acres of dads agri land he claims 4 acres for his wife . 4 acres has been sold alreday so rest 12 divided for both 6 each

3. house is village should belong to mother and as it belongs to mother it belongs to him

no claims of money spent can be claimed .and i am supose to vacate the house and come after 3 years to collect rents of the shopping complex only ..reducing maintenence ( what it will be not specified)

What I want:

1. Divide everything 50 50 whatever is left . including mothers land .

2. give rights to mother to own her land and house in village and colect proceeds on them for own self , she cannot transfer the property to any of us during her lifetime and we shall share it after her 50 50

3. any money mother needs for own self she can claim from our proceeds.

4. dispose car and share the proceeds or one of us can buy it.

5. lease of property has to be done by both and responsibilitys of laons if exist taken by both.

loans have to eb accounted.

Brother did not agree and forcing me and collecting all proceeds for himself with no right for me at all . mother is scared and helpless.

what rights do i have? ..

1. can i claim the income that has be utilised by himself all these yrs

2. can i claim for residential land being sold without consent

3. can i claim for Funds that came into Dads account after his death

4. can i claim right on agri land on my mums name aswel so that he canot solely calim it belongs to him forcing my mother.

5.can i calim car belonsg to both as its being paid by our joint income

all the leases are under registered . ie actual lease document only shows half the rent paid half is paid in cash ( not taxable black money).

all transactions are in bank and in his name.

how can i aquire my 50% right? though i was away from home and raised by uncles we are allways in contact he just claimed everyhting eblongs to him as he is elder ..later claiming absolute right.

How can this be solved ..how long does it take right now i am handicaped and ..without any income about to be thrown out of house pennyless

1 Answer from Attorneys

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