My father built a house on a Leased plot in a Cooperative Housing Soc. from his own income. By his WILL he gave half of this property to my eldest brother and other half to me. This was recorded in the Land Records Office. He gave other assets to my other brothers and sister. They have all signed the WILL. This was in 1946.
My Brother who got part of the Property remained unmarried. He made a Nomination in my name. He died in 1978. The Society made a me a Member by their Resolution and informed the Land Record office. The land Record office, after their formalities, removed my brother`s name and I remained the only OWNER of the Property. This was in1979. I expanded the Property in 1987. No one complained or took any objection for more than 25 years.
Now my Brother`s son is demanding his share.According to me after 12 years no RIGHT remains. Is he entitled? If so, how to give him the share?
Asked 4 years ago in Property Law from Pune, Maharashtra
since your father has bequeathed 50%share in house to you by will you have right to only 50%share in leased plot . after death of your brother who died intestate and was 50%owner of house his share would devolve on all his brothers and sisters equally . nominee is only a trustee for other legal heirs . whether other brothers and sisters had signed relinquishment deed in your favour ? if so then you would be absolute owner of the property
You need to ascertain whether the nomination made your brother partakes within it relinquishment of the property. If there is no legal relinquishment of the property then the heirs of your brother have an equal share in the property. That being said, on account of the relevant dates of incorporation of rights in the record of rights if you can prove to be the owner of the property on account of your continuous ownership then the claim of your brother's son may be defeated. Contact a local lawyer.