• Fathers property to 5 sons and 3 daughters

My father & mother died 27 & 25 years back. 1 of my brother used to take care of the property till now. Other brothers & Sisters are currently staying in Bangalore from past 30 years. the brother who used to take care of the property forged & made the papers in his name in 2014 and took bank loan on property(cultivation land). When we want to have our share now on the land. the brother who used to take care of property is asking for the share which bought in our name 25 to 30 years back in bangalore. Will we get our share in land? The brothers claim for the the property in bangalore is it legal?
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

On demise of your parents you and your siblings have equal share in cultivable land

2) if your brother have forged your signature file police complaint against brother for fabrication of documents , forgery ,cheating , criminal breach of trust

3) seek court orders to set aside transfer of land in brother name

4) if your parents had bought property in your name in Bangalore your brother can claim share in said property

Ajay Sethi
Advocate, Mumbai
96763 Answers
7804 Consultations

Your brother has no share in property bought by you out of your own savings

2) if your brother had forged your father signature then file police complaint against your brother as advised earlier

Ajay Sethi
Advocate, Mumbai
96763 Answers
7804 Consultations

When we want to have our share now on the land. the brother who used to take care of property is asking for the share which bought in our name 25 to 30 years back in bangalore. Will we get our share in land? The brothers claim for the the property in bangalore is it legal?

All the legal heirs i.e., the children of your deceased parents are entitled to an equal share out of the properties that were left behind by yor parents.

You and your siblings can claim your respective and legitimate share in the properties from your brother, if he refuses then you all may file a partition suit against him seeking partition of the property and separate possession of yor respective share.

Your bother cannot claim any share in your own properties that have been bought in your respective names in Bangalore or elsewhere as a right..

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

2) if your brother have forged your signature file police complaint against brother for fabrication of documents , forgery ,cheating , criminal breach of trust - Brother forged my fathers signature who has died 27 years back signature not mine.

You can lodge a criminal complaint stating that he forged the deceased father's signature and grabbed the entire property by creating fabricated documents.

However a civil suit seeking partition shall be be best solution to this situation.

4) if your parents had bought property in your name in Bangalore your brother can claim share in said property - My parents had not bought property in my name. I purchased it from my hard earned money 30 years back

Your brother cannot claim any share in your self acquired property as a right, you can reject his demand.

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

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