• Family settlement

We were a family of 3 brothers. All the properties are under the name of the elder one and he expired . The elder brother has 2 sons and a wife. After the demise of elder brother , family properties are divided and written on a 100 rupee stamp paper with the deceased brother's wife and his younger son signatures on it whereas the elder son of the deceased brother did not sign on it. The stamp paper is not registered. Can the other two brothers of the deceased brother have a right over property ?? If not, how to acquire it as the deceased brother's son is demanding for money to get it registered .
Asked 4 years ago in Property Law
Religion: Hindu

9 answers received in 1 day.

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12 Answers

If the properties are on the name of the deceased brother's name alone then the other brothers cannot claim any share in it legally because the deceased is survived by his own class I legal heirs.

Hence in this situation you may better talk to them arrive at an amicable solution and get the share of property with their consent by a registered deed.

Legally you may not be able to claim any share in it.

 

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

See if the properties were acquired by family income and there is proof for same then in that case you can file a suit before the civil court seeking share and declaration of ownership over the property.

Though court proceedings may take longer time so for same if any mutual agreement is arrived at then it is best to go for same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Other 2 brothers ha e to file suit for partition for division of property by metes and bounds 

 

2) you have to prove that property was bought in elder brother name for befit of joint family 

 

3) that funds were provided by all the brothers 

Ajay Sethi
Advocate, Mumbai
94509 Answers
7484 Consultations

5.0 on 5.0

1. Technically & Legally, under the Hindu Succession Act,  "ONLY"  Class-I legal heirs of deceased person, have absolute & EQUAL  rights on all properties of deceased, provided deceased did not execute any WILL document.

2. In this case instant, the Class-I legal heirs of deceased brother are ONLY his Wife and his Two Sons.  In this scenario the brother's have no right in property of deceased brother.

3. Only option (in case of no WILL document) is to execute a registered Family Settlement Deed, with mutual signatures of all concerned, AFTER amicably settling the terms & conditions for split of property.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Since  the properties are in the name of Elder Brother, the other two brothers need to prove that the same was purchased through contribution by all.

The other two brothers can file suit for partition of property.

In case the said division of properties captures the contribution / source of funding the purchase, they it will be easy for the other two brothers to claim their share by filing suit for partition.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Hi

Since the eldest son of deceased brother has not affixed his signature, the partition of properties amongst othe legal heirs shall not bind him. Better to negotiate settlement with him and complete the partition. If the eldest son is not listening , then  Instead of filing court case, you can also approach lok Adalat in your district and ask them to summon the eldest son and facilitate a compromise decree

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

1. Since the elder son was not a signatory to the family settlement his share is intact. 

2. If it is a memorandum of family arrangement then it is not required to be compulsorily registered.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If the property is self acquired of elder brother, his brothers have no share neither unregistered settlement deed is valid.

On his intestate death, property inherited in his wife and children by 1/3rd share each. Consenting parties can give their share by executing gift deed.

Yogendra Singh Rajawat
Advocate, Jaipur
22590 Answers
31 Consultations

4.4 on 5.0

The source of fund determines whether the other family members have a right over the property of deceased brother . if property bought from ancestral property income then other brothers can claim equal share through filing partition suit before civil court. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

The settlement deed must be registered by paying required stamp duty to make it valid. 

Two brothers of deceased brother cannot claim the property of son who is not giving consent. 

They legally cannot claim share from property of deceased brother. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Dear Sir,

Yes, all the three brothers have equal shares in family property.  It is better to file a partition suit in civil court.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

If the property is family joint property all have rights in the same

Prashant Nayak
Advocate, Mumbai
31795 Answers
175 Consultations

4.1 on 5.0

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