You cannot claim any share in ancestral property

2) you have already relinquished your interest in Jamnagar property and transferred it to your elder brother name

On mother demise her share in flat would devolve on legal heirs ie you and your siblings equally

You have share in flat no 1 and 2

Your question: My mother expired last month. Now my elder brother refuse to give my share in property. Can I still claim them as they are ancestral property?

Answer: The ancestral property cannot be transferred. Only your share can be transferred. If you have done the same, then you cannot claim now;

I had contributed about 40 % in purchase of each flats. My mother expired last month.

Which flat I can claim?

Answer: Yes you can file a claim on the Flat No.1 and Flat No.2. You are the 2/3rd owner of the Flat No.1 and 1/3rd is your brother. Flat No.2 you and your younger brother are joint owners. With regard to Flat No.3 your brother continues to be the sole owner;

This is my response to you:

1. Is there no Will or Gift Deed?

2. Do you wish to file claim on all the properties?

3. If you wish to claim then, you will have to issue legal notice;

4. After that you will be required to file for suit for claim for the rights, title and interest in whichever of the properties you wish.

Hello,

You cannot claim flat no.3 but can claim your share on both 1 and 2.

You can sue your brother to recover your share .

Regards

can be answered properly by looking at documents.

1. If you have transferred properties in favour of your elder brother the title of those those propereties stand in his name.

2. You can not claim title of the properties which stand in some other's name.

1. You can claim share of your mother's 50% share of the 1st flat along with all her legal heirs in addition to your 50% share of it.

2. You can claim equal share of Flat no.2 along with other legal heirs.

3. you have no claim on the flat no.3 standing in the name of your younger brother.

4. However, you can file a declaratory suit claiming that you have paid 40% of the consideration of all the flats for which you should get share of all the flats accordingly provided you can submit evidence in support of your said claim.

See if you relinquished the house and shop in name of brother then you cannot claim same but if it was done with a deed with specifically mentioning that it is for case only then you can claim not otherwise.

See in first flat you shall 50 plus share in mothers share (the mother share will be divided in legal heirs.)

if you have receipts of the payments then you can file declaration suit in flat second and third flat for declaring you co owner as you have contributed in them.

Further without suit you shall have share in second flat as per number of legal heirs and no share in the third flat.

As you have already relinquished your share in favour of you brother by way of a gift or relinquishment deed, therefore you cannot claim any share in the ancestral property and the said deed would be legally binding on you.

Our family has three flats. Flat No 1 is in joint name of myself & my mother. Flat No 2 is name of my mother. Flat No 3 is in name of younger brother.

I had contributed about 40 % in purchase of each flats. My mother expired last month.

Which flat I can claim?

A. Since you have contributed 40% in the sale proceeds of all the flats, you can file a declaration suit in Civil Court to ascertain your share in the said properties as per the consideration amount paid.

Also, file for succession certificate, in case there is no will left by mother.

1. you have a legal share in Jamnagar house as well as Mumbai shop

2. for Mumbai shop you can write to landlord not to transfer rent receipt or entertain any transfer application from your elder brother

3. you can also write to the authorities like BEST, BMC, etc not to transfer the shop to the name of your elder brother since you are legal heir of original tenant and have a claim over the shop

4. you can claim share in flat nos. 1 and 2. other legal heirs of your mother will also have a share in those flats i.e your siblings.

5. flat no.3 stands in name of your younger brother. So you will have to file a declaratory suit in High Court to claim your share and declare you as co-owner of that flat

Since you have relinquished your share in the property in your brother's favor, you have no rights on it at this stage.

You may tell many reasons for that relinquishment but the law says that yo have yourself transferred your rights in the property to your brother's name hence you may not be eligible to claim it back.

However you may consult an advocate with the papers held in your possession for a second opinion.

If you are the younger brother then you can claim the third flat

In flat no.1, besides your half share you are eligible for a legitimate share of your mother's share in the property as one of her legal heirs.

In flat no.,2 you can claim your share out of your mother's property who is reported to have died intestate