• House property share

i am married only daughter 45 years old from tamil nadu and settled in Bangalore

My father pass awya last 25 days agao

Hei shaving 15 cents land in home town his name.

In middle he contstructed duplex 2BHK house . after his death my elder brother is not willing to give the partion to my brother and me. During finising stage he was retired from service and sortage of fund
at the time he asked my elder brother to apply cooperative bank lone 2lak .During this time my father convert the land to my elder broher with my father ,self and yonger brother signed the paper(afidavit)

Now how can we proceed further. My intention is atleast my younger brother shout get some share
Request you sugession
Thanks
Asked 4 years ago in Property Law
Religion: Hindu

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9 Answers

1. if the property is the self acquired property of your late father, then after his demise, the property will go to his widow and children in equal shares. This is assuming that your father has not left behind any Will.

2. your brother cannot deny your right and that of your younger brother in the property.

3. you should issue him a legal notice to partition the father's property by metes and bounds and distribute the sale proceeds among the legal heirs.

4. but first try to talk to your brother. only if he refuses to your request, you can take legal steps to safeguard your right in your father's property

Yusuf Rampurawala
Advocate, Mumbai
6878 Answers
79 Consultations

5.0 on 5.0

Respected mam,

If the land was transferred by your father himself and the land is self acquired now you and your brother cannot claim the share on that land.

Further if transfer deed specifically mentions that

It was done only for loan purpose you can challange same before civil court and demand partition.

But in case of self acquired property when it is transferred in life further claims cannot be made.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Challange said conversion on your brothers name and furnish proof. If the transfer is made only for purpose of loan demand partition issue notice as legal heirs your mother you and both brother have equal share.

In case you can issue a legal notice for partition if does not transfer you can file a partition suit.

Mam the transfer deed and other document need to be perused for further advice has on present date on who's name the land stand if in father all have share if in brother it has to be challange

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) did your father execute gift deed in favour of elder brother ? kindly clarify

2) how was house converted into name of elder brother

3) you and your brother can file suit for partition to claim share in property

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

you have to file suit for partition to claim share in property

2) take the plea that land was bought by father and he constructed house . that only Rs 2 lakhs contributed by brother

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

You along with brothers have 1/3rd share in father property and mother alive than 1/4th each.

U and brother can file for partition.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If the property is still on your father's name and he is reported to have died intestate, you may file a partition suit seeking partition and separate possession of your legitimate share in the property.

Let him come out with his defence or agree for giving shares or even agree for an out of court compromise so that it makes some changes in his stand and benefits you or your other brother.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

he wrote ion his dairy that during construction my elder brother is not having any job. all expense my father only spend. only 2lak loan purpose he made conversion

This can be an evidence to0 be utilised during trial proceedings of the case.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Dear Madam

You will get your shares if you go to civil court.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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