• Share in parental property

While doing the partition deal of my parental property, it was equally divided and shared between me and my elder brother. The list of property is clearly mentioned in the partition deal.My brother was given the house and land of 74 cents and my share was equivalent agricultural land. My paremts were staying in the house and brother was staying separately. due to certain financial issues of my brother the house and landed property partitioned on the name of my brother was pledged to a bank and loan taken.Over a period of time due to non payment of loan and interest, bank decided to auction it. Since parents were alive and living in the same house, as requested by my parents some portion of my share of land and my ornaments were sold to clear the loan and make the house and property free. since my property and ornaments were disposed off for clearing the out standing loan, my brother with the consent of my parents transferred the share of property of my brother( House and 64 cents ), on my name. This transfer is registered and signed by my parents and brother.
Now my parents and my brother is no more. the situation now is that , my brother's son who is major now is making a claim of the parental property on the plea that, his father was not mentally sound during the transactions and wanted to claim the title of the property as per the original partition.
All property documents are on my name and my mother's elder sister is presently staying there.
How do I clear the property disputes in future, if any? After the life of my mother's elder sister I would like to dispose of this property. At that time can my brother's family create any legal hassles?
Thank you
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

Your nephew has no share in said property

2) your brother has on his own accord transferred property in your name as your share of other property was sold to clear the home loan

3) burden of proof is upon nephew to prove his father was not mentally sound

4) court would not grant any stay

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

Hi

Your nephew can't get it if he make a claim.

Considering the fact it was your family asset, your parents had the right to transfer it to you.

The property is not ancestral property if it was not transferred undivided for 4 generations.

Even if your nephew comes up with a claim that his father was mentally ill, the other people who signed were normal and the bank loan details, repayment web cam prove the same.

You should defend to protect your title and right as you have already the title

Thresiamma G. Mathew
Advocate, Mumbai
1642 Answers
212 Consultations

5.0 on 5.0

How do I clear the property disputes in future, if any? After the life of my mother's elder sister I would like to dispose of this property. At that time can my brother's family create any legal hassles?

The dispute now being raised by your nephew is nothing but out of frustration or with greedy intention.

His claim is not maintainable since this property was transferred by your brother by executing registered sale deed in the presence of witnesses including your parents.

If you confront and give a tough challenge then he will be losing the legal battle the moment he started it.

You can dispose the property even now by providing a rented accommodation to your maternal aunt separately elsewhere.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

1. This is not uncommon that such grounds are shown to desperately try to make some gain from the property.

2. Your brother's son shall have to prove that his father was not mentally sound when he said the conveyance deed in your favour.

3. If he is not staying in the property, ensure that he is not allowed to stay in the said property since it will be difficult for you to evict him from your said property.

4. If he is staying in the said property file an eviction suit immediately against him.

5. He can surely file a suit challenging your title deed of the said property which you shall have to contest fittingly.

6. Collect all required documents and evidence about your said brother's stable mind while signing the deed in your favour before hand to contest the case if filed by your said brother's son.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

make an application to municipal corporation for mutation of property in your name

2)enclose receipt of payment of latest property tax bill

3) your aunt should give her consent for mutation of property in you name

4) rely upon registered documents in your possession to show that you are the owner of the property

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

You have to fight it out on the basis of the title deed standing in your name.

The registered title document is in your name, hence their claim in the form of tax receipts in their name shall not be a ground for a claim in the property.

The tax receipts are not title documents.

You can issue a notice to them to vacate the property giving a time period after which, if they dont do it, you can file an eviction suit to evict them from the property.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

1. Get your share of the property mutated in your name.

2. Start paying tax for your portion of the property.

3. There will be no complication for the fact that you have not yet mutated your name as the owner of your share of the property for which the tax is being paid in the name of your mother's elder sister.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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