• Property Despute

We are 3 brothers and i m being the younger one living with my mother. As my father passed away 2 years ago, suddenly one of my elder brother demanding his share from our inherent property. My elder brother is living apart for about 20 years and my parents gave him one of our land to buid a house 16 years ago, since he got this land he built his house on our inherent land, he snapped relationship with all member of my family and never looked back and neglected my parents for last 20 years. 
The land on which he built his house, is still on my mother's name. since he and his wife is harassing and abusing my mother, she dont want to give any share from remaining property to that elder brother. 

So, my question is, 
Can parents deny share from inherent property to the children who are neglecting and abusing their parents? 

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Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

on demise of your father intestate your mother has only one fourth share in property standing in name of deceased father

2) your mother can execute gift deed for her share in property in name of her other children

3) mother can deny share in property to your elder brother

4) in alternative mother can also execute will wherein she bequeaths property to her other children

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. You can n0t deny the share of your elder brother only because he misbehaved with your parents or severed all relations with him.

2. However since he has been enjoying the property f your mother , yur mother can file case before the Senior Citizen's Tribunal to get back her property and claim for her maintenance as well from her elder son.

3. This would cause great pressure on him as a result of which you can ask for relinquishment deed so he relase his share in the property of your father and your mother finally transfers the land to her elder son.

4. This way the dispute and distribution of properties can be effectively resolved.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. The dispute is in connection with the properties of your father who demised intestate.

2. After the said demise of your father, his properties will be equally inherited by all his legal heirs being your mother and 3 brothers.

3. The legitimate 1/4th share of your father's property can not be denied by you to your elder brother if he so claims despite the fact that he did not take care of your parents.

4. However, if your mother has not conveyed the title of her land on which your elder brother has constructed his house, she can now claim ownership of the land and also the house constructed thereupon to force your brother to agree for not claiming any share from the properties of your demised father.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. On what basis do you call the property inherited? If the property in question was the separate of self acquired property of your deceased father then it devolved through succession on his widow and children equally. Your brother is free to file a suit for partition to cull out his share therein.

2. If, however, the property is owned by your mother then she can make a will to exclude him from succession but the will shall come into operation only after her lifetime. Alternatively, she may execute a gift deed in favour of her other two sons.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If the property is standing in your deceased father's name then all his legal heirs shall be entitled to a share in that property.

If it is on your mother's name you are not entitled to any share in such properties at least during her lifetime.

Once the property has been inherited then it becomes an absolute property of the person who inherits the same.

Therefore they can very well deny any share to their wards in this regard.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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