1. it is not clear under whose name the flat was standing which was sold at rs.20,00,000/-.
If the same was owned by his late father then the younger son had share , If the same was his mother's property then he can not claim his 5 lakh
Right of heir in property already sold
My father is survived by three children and his wife.My mother sold a residential flat in 2005 for 20 lakhs and purchased a flat with daughter in law ,and her elder son (three purchasers) with a bank loan. The same is tenancy in common as the shares of three are not mentioned in purchase agreement. All three have paid for the same. Her younger son has filed an injunction suit claiming a share in the joint residential property purchased . Is the claim on purchased property substantiated in law or is the younger son entitled to 5 lakhs
Asked 5 years ago in Property Law
Religion: Hindu
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16 Answers
On demise of father your mother has one fourth share in flat
2) on sale of flat for Rs 20 lakhs your brother was entitled to Rs 5 lakhs as share
3) if said sale proceeds of Rs 20 lakhs have been reinvested in purchase of another flat your brother can claim share in said property
Sir first kindly clearify the flat sold by mother for rs. 20L was on owner ship of mother or it was reviewed by mother on demise of father ??
If mother was owner of flat or has recived same by will from father then in that case claim of younger son is not maintainable. Where as if the flat was in name of father and there was no will , then in case of intestste succession son shall have share.
1) If younger son can prove that the flat is purchased from selling of father's flat and among that 20 lakhs he has not received his share. Than he is entitled to get his share of 5 lakhs rupees and not share in flat.
Can he claim property rights even if the residential property is purchased and occupied by and paid for by three individuals and the other two are have the right not to have him as a closer.
Asked 5 years ago
Brother can claim share in property even if it has been paid for by 3 family members jointly
See if property is paid by own fund then he has no right over same.
If the property sold was owned by father and he had not made any Will for the same, then upon his demise it would go to his mother (if alive), widow and children equally
So you certainly had a right in the father's property and your mother could not have sold entire property without your consent
Since its already sold, you can claim two things now-
Your 1/4th share in sale proceeds plus
Damages
Or
Or a share in the purchased flat in proportion to your share in original flat or its value at which it was sold, whichever is higher
You will have to seek a declaration from court to that effect to declare you as a co owner of the purchased property
Yes the same substantiate in law if the same was self acquired property of father and he left for heavenly abode without a will
He does not have any right if in case no funds from the father estate was use for purchasing the property.
Regards
Even inherited property can be disposed or converted to other property for which a son has no claim. Regardless of above son has no claim whatsoever to both inherited or self earned/acquired property while father/mother is still alive.
A person who had no contribution while purchasing the property can not claim share in it.
For get this property, you can not have any share in it.
try to build your own fortune than eyeing for property of another.
If the said property is purchased by self acquired wealth of mother then he will not have any share otherwise he may claim it under ancestral proceeds
The flat which was sold was a property owned by your father. Therefore all his children and his wife have a share in it. If it is sold and another property is bought from its proceeds then all the heirs have a share in that property.
Yes he has a claim and can claim his share.
Regards
No, the younger brother not have any rights in the new property purchased.
The younger son being a legal heir is entitled to his share out of the sale consideration amount, hence your mother can arrange to give him his share out of the sale consideration amount.
He is entitled for a legitimate share in the property, hence it would proper to allot him his share out of the sale consideration amount so that he do not create any legal hassle in the future too .