Share
Breach of trust
Question
We were living in joint family. I lost my father when I age 6. My brother is engineer and was working by that time . He tortured me ( not even giving food if I don’t go to fields and work and give him 50rs daily). My mother was also giving the money for what she was getting by rearing cows to him. She was never supportive to me. Everyday I use to cry for not having a father. I didn’t had interest to study as they were not even giving fees( only haf amount he was giving) when he was having a car in early 2000s , my mother and brother were sending me to school in torn clothes. At age 11 I learnt electrician work and was going to houses for the money and i was giving to my brother. When I grow up I got job in customer service. In 2008 He then told me let’s construct 5 apartments (7 2bhk in each building) in ancestral land measuring 20 guntas situated in channasadra, Bangalore east bearing survey number 98/3A . He then said he will give me 2 apartments, and asked me to leave the customer service job and to lookafter construction (I gave him whatever I earned in customer service job ). I left that job and I was looking after construction work (did all labour work all day with others while he was going to office). It took 5 years to complete construction of all buildings ( with the advance given by tenants painting and inner workings was done , like this 1 building was constructed one after another sequentially. All the rent he was taking as he said he was karta of the family. I agreed.I then joined logistics company and became responsible for buying all household essentials and paying electricity bill.After that my brother only told we have these buildings and we are getting 5-6 lakhs rent per month to my wife’s family and got her married to me in 2016.My brother was using the rent and I never asked him anything After my marriage after 2 years i.e in 2018 as I was not getting any rent and with my salary I was in-charge of family needs(samsara what we say in kannada) then we asked him to give our share and asked him if any debt is there let us know and we will divide the debt also into half. He said no debt is there but he will give after 4 years i.e in 2022. We waited for 4 long years again till 2022. Again we conducted village panchayat for domestic violence on my wife from my mother, brother, brother’s wife as my salary is low compared to my brother. They sent us to rent house in one of 5 apartments from the one which we were living and he agreed to give 70thousand(from godown- paper boat company which was again built on ancestral property using advance given by paper boat company and I helped him with few amount and my contribution for that he said he will take 75% of rent and give me 25%) out of 6lakhs rent and he said after 1 years he will give 2 buildings in 2023. He was giving only 22500rs(70thousand he had agreed) per month for 1years and again after waiting for 1 more year we asked to share our property. He said he will not give 70 thousand also, just he will give 58500(from godown) and he will never give any apartment even if we wait for another 100years and asking us to take land (opposite to 5apartments where he has used that land for sanitary, borewell, transformer).In another ancestral land bearing survey no 128 with extent 2.4 acres he is saying us to take 1.2 acre area vertically adjacent to rajakaluve(drainage) we are asking for division of land horizontally so that rajakaluve will be part of both divided lands. He is saying we must take whatever he gives otherwise he will never share our part. I never knew my brother and mother will cheat me like this. My wife is a software engineer. Their family trusted my brother after he showed all buildings, ancestral land and got her married to me. I don’t want to cheat my wife and I have 2 kids. Please help me if I can file criminal breach of trust case on my brother
Answer ( 1 )
File a case of partition of the ancestral properties. Once the division takes place, it has to be done equally and he cannot claim more share than what belongs to him. The mother would be able to inherit only the share of the father which after her demise (and if she doesnt make any testament) would again be divided between you and your other siblings. Likewise when the partition takes place, you would be able to sustain your family as half rent would come to you and you would not be at the mercy of your brother.