• Distribution of assets

Hi, I bought land on which my house was built. Then built my house on top of it with all my investments. I had registered everything in name of my father. My younger brother who has not lived in this house for last 20 years is now asking for property distribution. His intent is only commercial and will sell his  share. As he has his own house elsewhere. Please advise how can I protect my interests.
Asked 2 years ago in Property Law from Sultanpur, Uttar Pradesh
1. If you have registered the house in the name of your father, your father is its legal owner,

2. Your brother is entitled to his share of his father's property,

3. If your father is alive, then ask him to execute and register a Gift Deed in connection with the said property in your name,

4. if he is no more, file a declaratory suit praying for declaration that the property is actually yours since you have paid the full considerion thereof and also a direction upon the registrar to cancell the darlier registration of the said property and get your name registered as its owner,

5. Engagae an experienced lawyer having expertise in this field,

6. You can also negotiate with your brother and settle the dispute amicably.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
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Hi, whether your father as independent source of income if so it has become self acquired property of your father  so you have to execute gift deed from your father so that your brother has no right to claim over the property.
2. If your brother abel to prove that it is purchased from joint family funds then only he has right over the property.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Since the land is bought in the name of your father, the same is considered as the self acquired property of your father on which your brother has no right, title and interest.
Moreover to remove any future complications ask your father to gift the said land in your name if your father is still alive so your brother loose his future right on it by way of law of inheritance.
However if he has died then your brother has right of share in the land but you can deprive him from the share in house if you can prove your own exclusive contribution to build it.
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
1) since house is in your father name your father was absolute owner of the house . 

2) you have not mentioned whether your father died intestate or left any will . 

3) on your father demise your mother , you and your brother have 1/3rd share in the house . 

4) you can if you so desire buy your brother stake in said house
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
1) if you refuse to give your brother any share in the house he will after issue of legal notice file suit for partition fr division of house by metes and bounds . 

2)suit for partition will take years to  be disposed of .

3) your best option is to settle issue amicably with your brother . 

4) give him his share in the house .
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
5.0 on 5.0
1. Did your father leave behind a will? If will has been made by him the property will devolve in terms of the will. If he died intestate then all his legal heirs i.e his children and widow succeeded equally to his property. When judged on this touchstone of law, your brother's claim for a share in the property of your deceased father is legally sound.

2. The consideration for the house may have been paid by you, but what is relevant is that the sale deed was registered in your father's favour. Thus, your father alone was the absolute owner thereof.

3. If you deny a share to your brother then he may go to court and file a case for partition to cull out his share in the property. The court will order a division notwithstanding your unwillingness to give your brother his share.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
If you have no proof to substantiate your claim of having paid the full consideration of the property then it will be wise for you to accede to your brother's demand and give to him his lawful share in the property.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Hi, it has become ancestral property and all the legal heirs have right over the property.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. If your father has died intestate i.e. without executing any will, his property will be equally inherited by all his heirs,

2. If you have evidence that you have paid the entire amount for building the house, then you can file declaratory suit as adivsed in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0

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