Partition suit - Rent being given to Non legal heir.
My father died 10 years ago and he had a son and a daughter(myself). He had 2 properties. One property he bought in the name of my brother and in other property which is in his name - he wanted to distribute among both of his children. 50 % to me and 50% to my brother. After his demise my brother had the possession of that property and started taking rent coming out of that property since last 10 years. He is not giving me half of the rent of that property.
I filled a partition suit in court and among other reliefs, I asked for half of the rent coming out of that property. I reply my brother said in court that he is only getting half of the rent from that property and other half is being given to our aunty(taayi) via bank transfer. My brother said that he did this as this was my father’s last wish – which is a blatant lie. It looks he is doing it to root the money back to himself after giving some portion to aunty.
- We aren’t keeping any relationship with our Aunt’s family since last 20 years.
- Aunt’s family is financially week.
- There is no Will done by my father.
Can you please guide as to how I can proceed in court and legally where do I stand? How do I recover that money in light of the fact that this property is still under my father's name and legally to I am the 50% beneficiary of that property and the rent.
Queries:
1. How do I recover this 50% money which is being transferred to my aunty? Aunty is not the legal heir. My brother and I are legal heirs.
2. How can I stop the rent being taken by my brother or aunty till court decides on the case?
3. Does this argument have any stand in the court if they say that my father’s oral wish was to give 50 % rent to our aunty (with whom we didn’t meet for last 20 years and keeping no relationship since then).
4. He said that he has spent the rent he is getting on the maintenance of the property during the last 10 years, since the case was filled in the court. Is this maintainable in the court.