This property was inherited from my Grand father(passed away) --> Father(passed away) I got this property from my father by clearing his financial debt, during the property handover my father wrote in the will that I took care of him during all the hardships and agreeing to give this property to me. He also made sure that all his children signed on the papers(something like children don't have any objection's). Here comes the problem: My youngest brother didn't sign the papers. Its been 18 yrs (Yr:2000) and now that my younger brother took a U turn and arguing that either I need to pay him a hefty cash to get his signature or since he also owns a piece of share in the property he will write or sell his share to some 3rd party person. As per the Property laws in India what are the consequences that i need to face here. I wanted to understand my rights here - can I sell this property / can I transfer this property to my 2 kids / can I give it for development / commercial purposes or negotiate with my brother and get his signature or let him go to court(if so what can be the potential verdict). Thanks in advance Jai Hindh
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Hello,
if can file a title suit and claim his share in the property. He does have a share in the property but if he goes to the court then he will not be having a very good case.
In order to get a more concrete advise Share the copy of the will and tell us as to how much money was paid by you?
Though the deed was transferred back in year 2000, does he still holds a right to file a suit and claim his share in property. Can the "Limitation Act" acts against his favor?
1. IF Father has executed a Will and IF children has signed their "No Objection" on the WILL, THEN the will becomes null & void, for all purposes.
2. "ALL" the residual legal heirs of the deceased father, are entitled to EQUAL share in the Fathers property (which includes younger brother).
3. However, younger brother CANNOT sell this property (part /full) without first conducting a "partition proceedings" in the local civil court. No limitation period applicable here.
4. Brother being younger brother, you should consider "amicable settlement" via a registered "Family Settlement Deed", and settle any dispute /issues, forever, more so since, court litigation takes money & time and family relations turn more & more bitter.
Dear client,
Even other siblings have not consented to father Will, there was no issue. By virtue of father's will, You are absolute owner and can alienate it in any manner. Brother has no share in it. He can file partition suit, limitation 3 years which starts from the date of cause of action arise.
You must be in sole possession of property , so limitation is also over.
You should apply for probate of will
2) probate is judicial proof that will is genuine
3) if you are able to prove will you need not give brother any share in property
4) he has no share in property
Brother has no share in property bequeathed to you by your deceased father
however you have to prove deceased father will by filing petition for probate
A coparcenary property can be bequeathed by the coperconer during his lifetime by way of WIll provided he died before 2005.
So your father having died before 2005 , his ancestral property can devolve as per his wish made through his last Will and Testament.
So apply for grant of Probate of the Will , if the same is compulsory.
Else on the basis of the Will you are its absolute owner .
He is just created issues in this case. He has lost the limitation and the said matter is Timebarred. But still court may admit suit in some cases depending on case to case basis. You have only remedy to contest the suit.
See your father wrote a will based on will you are absolute owner your brother has no share in the property and he cannot sale or claim any share. The will is enough no sign or NOC from siblings was required you are absolute owner and you can sale transfer and can give property for joint development.
Limitation act also applies and there is will so you don't need to worry.
He can file a case, but the same will be a very weak case. Limitation will not apply has he has recently attained the age of majority
If the property was not transferred to your name properly by a registered document then it can be said that this property still lies on your deceased father's name and upon his intestate death it shall devolve equally on all his legal heirs.
Therefore it becomes necessary that all other legal heirs relinquish their rights in the property to your name by executing a registered release deed.
If your one brother is not cooperating then you may compensate his share of proeprty with money or a share accordingly and get the deal closed amicably instead of stretching the issue unnecessarily which will delay the matter endlessly.
You may produce all the relevant documents before an advocate in the local and get an opinion on this to move further
There is no limitation to claim partition and his legitimate share in the property if the transfer of property to your name was not done legally following the procedures as prescribed in law.
If the WILL is genuine, even if it is unregistered, your brother claim may fail.you should apply for probate of will.
Dear Client
If the transfer at that time happen through a deed in your favor by your father then after 20 years of time he cannot claim the property after such a long time.
but if shows some valid reason in the court for such a long delay then court can consider his application for partition under hindu succession act. but that too after listening to all the legal heir of your father.
