Good Day Sir,
I am Nilesh Bapu Karad, currently in Saudi Arabia for working.
I need solution for below explain question.
I have room in BDD Chawl (Sewri- Mumbai). This room is leagally on my mother name, after death of my father.
The names include in room property papers are, my Mother, my ealder brother & me.
After My brother marrage, my brother did big drama in front of me. He was telling me that he will give me 4,00,000/- rs & for that I have to leave room. This happen in year 2007 or 2008. That time I didn’t have any bank balance & good job.
After that in year 2009 & 2010, I gave my brother 8,86,000/- rs for purchase a new house & he purchase 1RK in Tilaknagar (Mumbai) for 14,00,000/- Rs. On his name.
This was understanding that I have gave him share of our existing room in BDD chawl (Sewri). But we didn’t make any legal documents for that. But I have evidence that I had transfer money (8,86,000/- Rs) to my brother account.
When I gave money (8,86,000/- Rs) to my brother that time in our BDD chawl one of our neighbor sold room for 17,00,000/- Rs.
Means I given my brother more than half amount of our BDD chawl room cost.
Now I fill from my brother’s behavior that he will not leave his share (which I already given to him) from our existing room in BDD chawl.
When he told me that he will give me 4,00,000/- Rs, that time we had meeting & in that meeting 2 persons from our relatives was present.
Kindly give me suggestion, if I make any leagel case opposite my brother for BDD chawl room then there is any chances in my favor.
Awaiting for your reply,
Nilesh Bapu Karad
Asked in Property Law from Saudi Arabia
1. I regret to inform that you have done a great mistake by not mentioning this understanding on a paper.
2. Since the new property is purchased in the name of your brother it would be irrelevant whether you have given him money or not.
3. Since the chawl is in the name of your mother she can gift a portion of chawl in your name and your brother can not do anything in this.
1. You shall not be in a position to legally establish what you have claimed and alleged in your query since you have not got executed any written document,
2. Your claim that presently one room was sold at Rs.17 lakhs and your paying Rs.8.5 lakhs to your brother automatically releases his right on his share of 1/2 of the room. there should have been a written deed legally executed and registered to this effect,
3. You can clain refund of the said amount of Rs.8.5 lakhs paid by you by filing a recovery suit against your brother.
1) on your father demise you had 1/3rd share in room .
2) although you have paid your brother Rs 8.86lakhs he has not executed any document relinquishing his rights in said room .
3) the flat purchased by your brother is in his name and you cannot lay any claim on said flat
4) your recovery suit for Rs 8.86lakhs would be barred by limitation .
5)ask your mother to transfer her share in room to you by means of gift deed . have it duly stamped and regd
it is not clear that your brother gave you money for relinquishment of your right in the chawl or a loan for your basic needs. if it was loan then you have right in the chawl otherwise you have relinquished your right in the chawl. you gave money to your brother but did not execute any deed, it means you gave loan for purchasing that flat. your loan is time barred but you have an opportunity to get it back because one year lacheses can be easily condoned. file civil suit for recovery of money that you have lend to your brother.
1. The giving of Rs.8,86,000 to your brother was not followed or preceded by an agreement wherein your brother agreed to relinquish his share. In the absence of a deed in writing to the effect that your brother has relinquished his share in the house purchased by him in lieu of the amount you gave to him, you have no legally enforceable claim against the house as it is registered in his favour.
2. Oral understandings cannot be proved in the court. The courts base their finding only on those understandings which are reduce to writing.
3. You cannot recover the amount you gave to your brother as you are past the time limit within which the case had to be filed.