Hello, My brother in law is working in kuwait and all these year he earned from there he gave it to his elder brother for building a house and buying land in salem. He transferred the money to his own account where his elder brother would take it through ATM in salem. The house they built is in their mother name as they said it would be shared between both. My brother in law put 30 lakhs and his elder brother put 5 lakh only. Now their mother without the knowledge of his younger brother, transferred the house in his elder brother name and he sold that house also, and they both bought a land for 13 lakh for which my brother in law put 9 lakh and his elder brother put 4 lakh only. That too due to trust in his brother he allowed to buy in his name. As his brother said that if this land goes for more rate i can see it and we can share it. But now they have betrayed my brother in law and they are saying that its with their own business they bought it and he didnt give a single penny. So can some one advice who can we proceed with it. as far i know his elder brother pay a income tax of 12500 per year, as he does a saree business in small scale. Please advice how can i proceed with it.
Also they have a bought a land for 425 sqt ft and that too in their mothers name and 95% money was given by my brother in law and for this we have the original document. Now they are threatening to return the original document. I hope they cant sell the land without the original document.
1) once your brother in law has transferred money to his brother account and land has been bought in mother name from said money then mother would be absolute owner of said land
2) as absolute owner your mother execute gift deed in favour of your younger brother and brother could sell the said land
3) your BIL chances of recovery of your money are bleak
1) dont hand over original document of 425 square feet land
2) mil can file FIR of loss of original documents and obtain certified copy from sub registrar office
All the money given by your brother in law is accounted for, he has statements of making the transfer into his brother's account, this is sufficient proof that your brother in law has contributed to the construction of the house. his mother and brother sold that house and invested that money into making the purchase of another property, this he has gotten registered in his name only and now denies giving any share in this property to your brother in law.
Your brother in law can file a suit for the recovery of monies from his brother and a share in the immovable property now purchased also.
at the time of cross examination, produce IT returns of his elder brother to establish that he did not have the means to purchase or invest any monies into the construction and subsequent purchase of the land.
1. There was no written agreement between your brother-in-law and his mother or brother-in-law and elder brother to register the property in favour of your brother-in-law. In the absence of an agreement your brother-in-law cannot assert either against his mother or elder brother the right to register the property in his favour.
2. The only right available to your brother-in-law is to file a lawsuit for cancellation of the sale deed in respect of the properties which have been purchased with the money which he had been remitting to his elder brother.
3. The passbook entries can be used in the court to prove the remittance by your brother-in-law.
To stop them from selling the land and thereby creating third party rights, your brother-in-law should immediately seek a stay order from the court against his elder brother.
Hi, your brother has to file a suit for partition to his share in respect of property bought by her mother.
2. Your brother can't get the house which was already sold you have option to seek for partition.
The emotional item called attachment within the family members is the height of stupidity being done by even highly educated people. If they are so much sentimentally attached or emotionally woven, they should forget what they have done, giving the labels like trust, belief, faith will not work out in this material world. Everyone are behind the material or money whether rich or poor, so there is no surprise that his own elder brother indulged in cheating spree by breaching the trust and faith reposed by his brother on him, leaving him to toil in lurch due to his greedy intention/ambition.
The solution legally is not visible now however, your brother in law may write to his brother giving the details of the periodical money transfer, ATM withdrawals by his elder brother and ask him to give his share in the property that is existing and also a share in the sale consideration amount from the property disposed. Make his brother to commit by giving a reply either accepting or denying the same after which a cleverly planned legal demand notice can be sent to him subsequent to which a suit can be filed for relief.
Consult an expert lawyer who will suggest you more ideas based on the circumstances heard in person.
1. Your brother in law should file a declaratory suit before the Court praying for declaration that your brother in law is the owner of 6/7th share of the property since he has paid Rs.30 lakhs and his brother has Rs.5 lakhs and direction upon the registrar to incorporate his name in the register as joint owner of the property,
2. On being so declared, he can claim your share of the property,
3. He can follow the same way to claim share of the land.
1. Follow the same way as advised in my earlier post to claim share of the said property,
2. Retaining original document of other's title can not restrain the title holder in selling his/her prperty,
3. The owner can obtain certified copy of the title and sale the property.