My father is living with spouse, elder daughter (divorced), younger son, younger daughter in law and grandson in father owns property. My elder brother lives separately in his own house with his family. My father is saying he will divide paternal property between two sons and one daughter. But whatever he made by his own money and not inherited will be given to younger son. My mother and sister creating ruckus for us to move out of house, so we have taken rented place near by to live and we have left our stuff at my father house and locked my room. Now question is if my father give this house to me what are legal way my elder brother can use to reverse this or define this illegal putting law implications. Can he stop my father in assiging this house in my name. Mother, elder sister will support elder brother. My mother also own a house in her name.
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father should execute gift deed during his lifetime to transfer house in your name
2) gift deed should be duly stamped and registered
3) your elder brother can file suit to set aside gift deed but chances of success would be bleak
4) in alternative father can execute will bequeathing house to you .
5) will should be attested by 2 witnesses
6) apply for probate of will on father demise
7) your brother can oppose grant of probate
8) you will have to prove will was executed by your father
1. Your father can gift his self acquired to anyone including you and no once can put objection to it.
2. So if your father is willing ti gift this proeprty then get it done as ap and take possession of the same. Your brother or sister can not oppose it.
3. So your father is free do it in his own way.
I am living with my parents for 32 years. Now after 1.5 year of marriage moving out to rented house. I am thinking my brother is trying hard so that we leave our father house. Will it give advantage to them while going in legal proceedings. What should I do?
since your mother and sister are creating a ruckus better shift to rented flat
2) it would not give them any advantage
3) may be if you remain in house father would transfer house in your name by gift deed hence brother wants you to vacate the house
Now question is if my father give this house to me what are legal way my elder brother can use to reverse this or define this illegal putting law implications. Can he stop my father in assiging this house in my name. Mother, elder sister will support elder brother. My mother also own a house in her name.
Your father can transfer his own or self acquired property to anyone of his choice and in any manner.
Neither your brother nor mother or sister can create any problem on this or they can object to this transfer or even try to reverse the deed.
As per law, if the immovable property owned by an individual has been transferred to any other individual by a registered deed, it canot be revoked until there is a fraud played on it.
I am living with my parents for 32 years. Now after 1.5 year of marriage moving out to rented house. I am thinking my brother is trying hard so that we leave our father house. Will it give advantage to them while going in legal proceedings. What should I do?
This should not be a problem for the legal proceedings.
Actually you could have refused to leave the house even if your brother forced you to do so.
He cannot force out of the house without following due process of law that too only if he has any rights over the property.