File suit for partition fir division of property my metes and bounds 

2) seek orders to restrain brother from selling the flat 

3) seek appointment  of court receiver for flat 

4) approach society to transfer flat in your joint names 

Brother is co-owner of property with you. Tenant is residing with consent of brother/one of the  owners, it is permissive permission. Residing there for ten years, no police verification is required. Brother is not sharing rent with you, it is dispute between you and brother. He cannot be evicted if he paying rents regularly. There is specific procedure  under Maharashtra  Rent Control Act for that. Your remedy is file a partition  suit of property seeking direction to the  tenant deposit the  rent in Court from now. Against brother you can seek share in the  rent for last ten years with similar direction to brother. Add tenant as party to the  partition  suit. There is violation of any criminal law. Police will not register any criminal case against tenant. Your remedy is in civil Court.

You need to immediately file partition suit in this matter in cilvil court. Once the suit is filed your brother will have to share rent with you and without your permission he will not be able to keep the tenant

Sir/Madam,

First of all, you are suggested to be mentally bold and courageous enough to face the things. Do send a legal notice to the brother and the tenant asking the rent and also file police complaint as well. The police can convert the said complaint to FIR or NC as per the investigation outcomes. If the rent and clarification is not done by the brother and tenant, do file civil case of declaration, partition, injunction, mesne profit against both of them and a case of criminal tresspass, forging of documents by the brother as claiming to sole owner of property, common intention, wrongful gain/wrongful loss, criminal conspiracy etc. against both. Please include these allegaions in police complaint to be filed presenlty and if the police does not take actions, file the case in court for direction to register the FIR.  

No criminal case is maintainable in this regard.

If it was your father's own and absolute property then upon his intestate death the property shall devolve equally on his legal heirs.

If you and your brother alone are the legal heirs to succeed to yor father's estates, then you can file a suit for partition and seek your rightful share in the property with separate possession and also can ask for a your share in the rental income till the disposal of the suit for partition.The police will not involve in the civil matters. 

- If the said property is in the name of your father , then after his demise intestate this property would be devolved upon all the legal heirs equally including you. 

- Hence, your brother has no right to take rent from the said tenant , and you have also right to claim your equal share 

- Further, you can send a legal notice to the said tenant to attorn you also a landlord and to pay rent to you 

- No criminal case is made out in such cases , and you will have to approach the Court for getting equal share and to claim rent. 

Dear Client, kindly note the following:

Legal Position

The tenant residing without a written contract and police checking is a verbal tenancy according to the Maharashtra Rent Control Act, but tenancy rights cannot cross owners' rights. Your brother taking rent without your information and denying your access is wrong, particularly as you have ownership rights. Since your father has expired, rights of ownership go over to his legal heirs (yourself and your brother if joint heirs), and possession should be with the legal owners or their rightful tenants.

Suggested Legal Action
Serve a Legal Notice to Your Brother and Tenant
Claim complete details of rent payment and possession. Request your brother to supply accounts and give you access to the property.

File a Civil Suit for Possession and Declaration of Ownership
If your brother and tenant refuse your rights, then you can file a recovery of possession and declaration of title suit in civil court.

Police Complaint (Optional and Cautious)
You can file a criminal trespass or cheating complaint if you have proof your brother and tenant are illegally refusing you access or diverting rent. But courts usually handle property disputes as civil cases unless fraud or clear criminal intent is involved. A FIR filed without sufficient evidence can be quashed under Supreme Court orders.

Partition or Family Settlement (If Co-owners)
In case the property is inherited collectively, opt for a partition suit or family settlement to settle ownership and rights.

Collect Evidence
Gather all the documents you have (electricity bills, communications, proof of ownership) and any evidence of rent payment or refusal of access.

Talk to a Property Lawyer
You can get notices drawn up, sue, and walk you through the process by a lawyer.

• Police NC/FIR: File a written complaint or NC at the local police station (Kalwa East) against tenant and your brother for unauthorized occupation, cheating, and criminal trespass.

• Send Legal Notice: Send a legal notice to both—tenant and your brother—demanding vacation of premises and details of rent.

• Civil Suit: File a civil suit for eviction and partition of your father's property to claim your rightful share.

• Disability Rights: Mention your disability status to seek protection and priority under relevant laws.

• Document Recovery: File an application in civil court or police complaint to recover property papers from your brother.