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Not receiving my share of rent from my brother for the property
29-Sep-2023 (In Property Law)
I have a property owned jointly with my brother which has been gifted by our father to both of us . Now my brother is staying in that property and collecting all the rent and not giving my 50 % share at all for last 4 yrs what to do . I spoke to him but he refused.we are Hindus.
If you have a written agreement or gift deed from your father to share the rents equally between both you brothers then you can file a civil case for specific performance of that agreement. If not, since it is your father's property you can file a civil case for partition of the property.
Another way is you could file a police complaint against your brother for cheating, dishonest intention, criminal breach of trust under sections 420, 417 and 406 of Indian Penal Code and pressurize your brother to clear the dues.
Another way is you could file a police complaint against your brother for cheating, dishonest intention, criminal breach of trust under sections 420, 417 and 406 of Indian Penal Code and pressurize your brother to clear the dues.
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Have equal rights in that property ..if he rejected..you can take your from that property ,This is a matter to be determined on the facts and circumstances of the case.or contact any advocte counsel near you with relavent documents
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Adv. Vedashree A
Bangalore | 500+ Answers
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Dear Client,
I assume that you and your brother were jointly gifted the property, and the property has been registered under the gift deed in the name of both of you. You have every right to claim the fifty percent (50%) share of the rent.
However, please clarify whether you have executed any specific or general power of attorney in favour of your brother whereby your brother has been collecting the rent amount and keeping with him since 4 years.
Should you need any help of sending legal notice we are glad to assist.
Regards,
I assume that you and your brother were jointly gifted the property, and the property has been registered under the gift deed in the name of both of you. You have every right to claim the fifty percent (50%) share of the rent.
However, please clarify whether you have executed any specific or general power of attorney in favour of your brother whereby your brother has been collecting the rent amount and keeping with him since 4 years.
Should you need any help of sending legal notice we are glad to assist.
Regards,
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Adv. Sangeet Sindan
Bangalore | 25+ Answers
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You can send a legal notice and seek for your share of amount from the property, if he doesn't agree you can take further action under law to get your share from the property. You can claim the arrears of rent due from the property.
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Adv. Sharada H V
Bangalore | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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