Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court
— Vijayakumar Ganesan, Saidapet
For over centuries, the law of tort imposes liability on the neighbour which principle was summarised by the English Courts as follows: “You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour”. Therefore, you can write to your neighbour personally or issue a notice through your counsel and ask him to cut the branches of the tree which is precariously leaning over your roadside building. If he does not rectify the lurking danger, you can sue him and also get the cost of the suit. In case any catastrophe takes place in between, you can also claim damages for the loss suffered by you.
File a partition suit against your younger brother and also seek for a rendition of accounts and share in the mesne profits which he had derived so far. After the allotment of your share in a preliminary decree given by the civil court, in the final decree, you can seek for selling of the house and giving your share of the sale proceeds.
DISCLAIMER: The views expressed here are of Justice K Chandru, who is providing guidance and direction based on his rich experience and knowledge of the law. This is not a substitute for legal recourse which must be taken as a follow-up if so recommended in these columns