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. But since property was purchased by my father, Can my brother family can claim share in the property.by filing a Suit claiming equal Share. On which ground can they stake a claim if they can claim. Actually mere buying property in some body`s name Does it make me complete owner unless declaration in this regard either by actual buyer ( My LAte Father) or court
hello,
when your father bought the property, it is his and after his death, it belongs to his natural heirs, ie, his sons. but in this case, your father bought it in your name and it is still in your name. meanwhile, your father died. so, the property is yours and your brother cannot have any share in it.
regards
Your brother family is entitled to 50 per cent share as property was purchased in your name when you were minor
2) it would be their case that property was bought in your name for benefit of joint family
If the said property is in your name, if your father no leave any WILL, your brother's wife cannot claim as joint family property, the said property is absolutely your. All the best.
Sir since the property is in your name you have exclusive right over the property . Further since it was given to you when you were child so no condition on minor child property can be made.
Since the property was purchased for interest of minor even if the declaration suit is filed that father paid for the property you can defend same as rights were created when you were minor.
Firslty, it was the purchased property of your father which means it was the self acquired property not the anscestral one in which they can claim any right.
Ssecondly, even if they say that the money by which the property was bought was actually the anscestral’s money then also it would be almost next to impossible for them to prove this thing.
Thirdly, and the property has been registered on your name, so no one except you have full right over it.
Fourhtly, you please be in the possession of the same if not as if they go to court then there will be status qua with regard to the present status of the property so that they can’t encroach in it.
Rest you are free to contact me through Kanoon for any further assistance.
Good Luck...!
1. the chances of your brother's family filing a suit against you to claim their 50% share in the property cannot be ruled out
2. in which year was the property bought in your name by your late father?
3. after you attained majority, who was bearing the outgoings and other expenses of the property?
4. who is in possession of the property presently?
Dear Sir,
You have posed a very good question. It can be defended either way the lawyer who puts more efforts will win the case, it is being said out my experience as judge for several years. You may call me for more details..
Dear Client,
By title in the property, u have sole ownership, but such sole ownership can be called in question any time by the brother family as invested money is of father. and in father`s money. brother has equal share and so of his family after brother`s death.
Hi
1) Since the land was purchased in your name when you were a minor and that too when your father was alive, the land will belong to you absolutely.
2) Also that the fact that your brother did not challenge the same soon after he reaching 18 years of old or during his entire life time, obviously goes to show that you are the absolute owner of 500 square yards.
3) Assuming for a minute that the said property was purchased by your father from his ancestral funds, ideally your father would have purchased his name given that he as a kartha of the Hindu undivided family comprising of himself, you and your younger brother.
4) The very fact that your father chose to purchase the property in the name of minor son(i.e you) and not in the name of younger brother (who was 3 or 4 years old at the time of registration of property) , goes on to reveal that the property acquired by your father in your name is your absolute property right from the time of its purchase.
5) Even your father or younger brother did not have any rights on the property standing in your name and their legal heirs(your late brother's wife and children) cannot have any rights thereof.
Hope this information is useful.
If they are legal share holder or heir then only they can file. Else there claim will not stand in court
Since the property was purchased exclusively on your name you shall be the absolute owner of the property.
Nobody can claim any share in it as a right even though your father has actually purchased it.
The legal heirs of your late brother have no rights in the property.
