• Property query

We are 2 brothers. I am the eldest aged 43. My younger brother aged 39 passed away last year 2017. Both are married and each of us have 2 children. My Later Father registered land property in my exclusive name when I was in minor when I was 11 years of age (Minor). My question is: Do I have the exclusive right of property since its in my name. Or Do my Brothers family are entitled to have a share ( 50%) on the property. The land is 500 sq yards. Kindly advise.
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

If it was registered in your name exclusively with no condition on it , it was right created in minor and you are sole owner of the property.

Your brothers family donot have any claim in the property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Your younger brother wife and kids can file suit for partition to claim equal share in property

2) they can claim it is bought for benefit of joint family as you had no source of income to purchase property

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

In case the company is diverting funds to some other project it is illegal under Real estate regulation Act kindly check if the project is registered under RERA make a complaint on this ground before Rera authority.

Further before that issue a legal notice to builder to cancel the agreement and refund the amount on the ground if he fails then go for complaint and legal action.

Further is there any agreement between you and builder??

Receipts of payment??

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Yes, you have the absolute tittle and exclusive rights upon the property which is in your name. This is your self acquired property.

Your brother's legal heirs cannot stake a claim upon the above property.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

If they are promised you for a gated community, and on the strength of this promise, they made you make a booking with them by way of paying Rs. 2 lacs; and since they have resiled from their promise, you are free to cancel your booking with them and seek refund of your 2 lacs.

If are free to claim a refund because your were trapped to make this booking on the strength of a false promise.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. check the document by which the land was registered in your name when you were a minor

2. did your father or mother signed on your behalf as natural guardian?

3. if that is the case then now you have become the absolute owner of the property

4. your brother or his children do not have any right over that property

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1. if you have the evidence that the builder is diverting the funds for something else, then use that information in your rera complaint

2. ask for refund of booking money

3. as per rera 70% of the funds collected from buyers of a particular project are to be deposited in a designated account and used exclusively for the purposes of the project

4. if the builder is diverting funds then that is a violation of rera

3. the builder will insist to have the money forfeited but you will have to resist on the footing that he is dishonest and has violated rera rules and provisions by diverting funds

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Dear Sir,

In respect of first question, you are the absolute owner of the property since it was exclusively taken in your name by your father. The legal heirs of your deceased brother may approach a Civil Court, you may file counter and drag on the proceedings.

In respect of second question, you can cancel your agreement with the builder and get back your amount with 10% extra as damages provided you prove that there is fault on the part of builder as per RERA.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Dear Client,

Reign a tittle holder you are absolute owner but since property was purchased by your father, brother family can claim share in the property.

Actually mere buying property in some body`s name dose not make him/her complete owner unless declaration in this regard either by actual buyer or court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If the proeprty is registered on your name alone then you are the absolute owner of the proeprty with clear and marketable title over the proeprty.

Nobody can claim any right or share as a right in the proeprty if it is on your name alone.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

I have paid advance of Rs 2 Lakhs for buying a land property in Hyderabad in month of April 2018. Later I came to know that company is not really developing the Gated community and instead diverting funds to another venture. As such, we are not sure if and when registration would be done. On top of that, now they are asking me pay 40%. I lost trust on this and want to withdraw my 2 Laks immediately. I heared that there is RERA act that came into being. Pls let me know how do I get back 2 Laks and with reasons. They are practicing unethical practice.

If you are unwilling to continue with the booking and are not interested in continuing with the decision to buy this property, you may better communicate your decision to cancel the booking and refund the booking amount. This communication should be sent by registered post so that you have an evidence for having taken an action and given an opportunity to the builder.

When the builder is refusing to refund or delaying then you may approach either RERA or the consumer forum for the relief of refund and compensation for mental stress.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

If the property is exclusively Registered in your name and if the same is your self acquired Property then no share in Property. Its your exclusive property.

Prashant Nayak
Advocate, Mumbai
27273 Answers
88 Consultations

4.4 on 5.0

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