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Poll

My question is this

Should we go for the demanded 1st and second floor and buy peace and let mother be with them for rest of life ?
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Should we go for half of each floor and take turns in taking responsibility of mother and giving her ₹ 5000 when she is not with me ?
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Should I go for 1st and 2nd floor and ask for the garner like him and let mother be with brother in turn giving ₹ 5000 per month?
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Should we go for half of each floor and take responsibility of mother after payment of half of my loan amount?
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Should I initiate sale of property and distribute money as per share ?
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Total Members Voted: 0

Voting closed: June 14, 2018, 05:17:11 AM

Author Topic: How a property be ideally distributed among me and my brother  (Read 251 times)

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Offline San.123

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Hello all,
My father had built one storey house in his purchased  plot . Right now he is survived with me , my brother (1yr 3 months younger) and our mother. After college my brother started working in elsewhere. It was then verbally decided he have to build first floor withhis own finances as he is not staying in . He used to send back a sum of ₹3000 and after 2013  ₹5000 discontinuously as our Father was devoid of any pension .But part of this amount send was used
*to look after his share of property
* his food and lodging bill upon stay
and
*any gift purchased for him
 in exchange of any medical bill for him to avail tax benefits .
I was not so well off as his but used to earn from home and make a living for us three . I lost 1 lakh rupees in business , which I could not expand or run smoothly without their objections  since no area marking have been done till date  .Father helped me out contradicting my brothers objections and getting into bad terms with him .
Then  ,father was diagnosed with cancer and my brother married first and wanted to walk out of all responsibilities keeping his share of inheritance intact . Being the first daughter-in-law his wife refused to take any responsibilities and stayed away to expand their empire excusing him of any duty (even monetary allowance he used to send ) towards us . . When contested he started demanding more and more property and favour against the money asking for garner as he had to build 1st Floor by himself.
1. Permission to build one extra floor
2. 1/2 of floor build value which equals to 10 lakh or right to occupy one fourth of G. Floor extra .When father threatened him to disown him and mortgage out his portion he was compelled to revert back to his previous economic deal but started guerilla warfare against me .
 He stated that he can only take care of parents if they come at his place where he started to blackmail our Father into writing him a larger share of property.
. Then I married , but my bride and my daughter were sustaining themselves and all my energy and earnings were spend after my parents. This is where my father developed hospital acquired desease and cancer returned for second time . I had to take loans of about 6 lakhs for his treatment . I had to even break my and my wife's saving in order to take care of two . My brother did nothing extra till my father's last days . He only gave ₹30000 extra along with 15000 for his last chemo in last three months . In turn he stayed in for about 1 and half months spending about 15000 of our hard earned money as he cannot but live lavish. He had also objected to construction of cabinets as it would disallow them the use of my wife's and daughters belongings.
Father died back in 2015 and I am struggling to build back my finances . Me and my wife are working double time .   He had shown his prowess and pomp to our relatives to win them over also used emotional reason saying he has to stay out of state and so on. But till date he has done very little for the real person/thing under concern i.e. our father and our mother. and our ancestral home .
Right now my wife has suffered spinal injury while looking after our mother who had suffered stroke back in 2016 after being weak and frail from looking after our father . Mother didnot approved of hired help . And since my only daughter was young and immune depressant my wife could not help much , though she was the only one other than me myself to work out these situations. I was the only one available to work hand in hand with mother and I tried my best . My brother and his family were nowhere to be seen and he was busy buying one flat for himself.
Then in came my brother , took mother with him for six and started demands of mutation based upon an unfinished will which he tried to wrestle out from father.
On contest he started threatening to dishonour me and have gone to relatives and neighbours alike spreading rumours . In return he was stuck with duties of our mother so he started taking up an issue that we have driven mother out . While in correct scenario they have left their rooms and belongings under lock and key .

Offline kalaskarkk

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Re: How a property be ideally distributed among me and my brother
« Reply #1 on: May 21, 2018, 09:55:41 PM »
Dear Sir,

You may approach the Court to get appropriate remedy.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

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