Dispute related to co-owned House
Dear Sir,
Myself and my brother have a house registered in joint. This is not an ancestor property nor property made by father. Both me and my brother searched a house and then we took home loan jointly and then registered in both names.
We (both me and my brother) were staying in that house for almost 1½ years together. Later I relocated to another city and during that time my brother was staying in that house along with our parents. After I relocated to another city, I purchased a flat in that city. I took home loan for the newly purchased flat. I was paying home loan for both the jointly registered house and also independently registered house in the new city, i.e., I was paying home loan for 2 houses simultaneously. For the jointly registered house I was paying 50% of home loan amount and 100% for independently registered house.
My brother and my parents had stayed in the jointly registered house for more than 7 years and during this period I was paying home loan like above said.
After staying 7 years in that house, my brother purchased a new flat and then he shifted to the new flat. After he shifting to his new flat, the house was vacant for almost 1½ years. During this period my mother and brother rented to a bachelor and they never bothered to inform me as I was staying away in a different city. and also the amount was taken by them. I came to know this after he vacating and then I made a big noise. During that time, my brother said, he has not taken any rent and however, all the rent is taken by my mother. I just kept quiet and did not talk and left it.
Also, in between, my sister thought of opening a Kindergarten and she used our jointly owned house for opening kindergarten. Again I was not informed, as I was staying away in a different city. My sister had paid almost Rs. 40000/- to my mother. Ideally she should have paid to me and brother and instead she gave it to my mother. Again I kept quiet and did not talk on that.
After staying in different city for 10 years, I came back to city where my brother and parents are staying. Now my brother says, he would move back to the independent house which was jointly owned by both of us. Couple of questions I have for you are:
1. Since, he is saying he wants to move back to when he the independent house which was jointly owned by both of us, can I ask him to pay rent as per current rate?
2. Can I ask full rent or just 50% of rent?
3. Are there any laws around this and if yes, please share the articles and link
4. Can I take legal action if he is not paying the rent?
Please let me know in case you need additional information.
Thanks,
Vasudeva Murthy