• Family property and house division

We are 3 brothers 1 sister and mother. After father's death in 1968. We got father's in the name of all. We have also some lal dora land an mastarka khata. Our elder brother is retired from govt. Job and I am in private job in Delhi. One brother is not educated and was taking care of everything thing. We never asked him anything because we wanted to support him. Now he is saying we can only which is in our name. Can be do anything legally?
Secondly we made home in 1986 on centre govt. Land touching to our land, electricity meter is in my name since 1988. In 1995 he had start paying nominal rent receipt in his name. Now he claims that he had purchased the same land and saying there is no our share in that home. Can we claim legally? This case is of my native place in Hoshiarpur Punjab
Asked 9 months ago in Property Law
Religion: Hindu

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16 Answers

1. Mere payment of Rent & obtaining Receipt does NOT confer Title-Ownership rights on any property. At the most it will be construed that person is in possession or is a occupant.

2. Title Ownership documents (allotment letter or Sale Deed or Court order) is the sole criteria to determine absolute title-ownership of property.

3. Check the documents to find out the name of the allotment letter of the Central Govt. Land and also who documentary financed the construction of the house.  This will determine as to who is the actual owner of house, for claim purposes.

Hemant Agarwal
Advocate, Mumbai
5541 Answers
25 Consultations

5.0 on 5.0

You have equal share in all properties standing in name of deceased father 

 

2) file suit for partition for division of property by metes and bounds 

 

3) seek an injunction restraining sale of property by brother 

Ajay Sethi
Advocate, Mumbai
80471 Answers
4927 Consultations

5.0 on 5.0

Dear Sir,

The claim/denial by the brother is not legal and tenable in the eyes of law. You are suggested to first serve a legal notice and then file a suit for declaration and injunction in the District court. 

Ganesh Singh
Advocate, New Delhi
6568 Answers
13 Consultations

4.5 on 5.0

After the demise of the father, his legal heirs become the absolute owner of his property. Mere paying rent is not creating an absolute right over the government property. If your brother purchased the government land then he should have a valid title. So ask him to show the details. If you are paid the amount to build the house and the house was situated in your fathers' property all the legal heirs have right over the property.

Ajay N S
Advocate, Ernakulam
3710 Answers
76 Consultations

5.0 on 5.0

To decide the title, the ownership of your father needs to be checked. 

If the property was in your father's name then, all of you have equal share in the property.

You can file suit for partition of the property and for division of your respective shares by metes and bounds.

You can also file an application seeking injunction restraining your brother from alienating / creating third party interest in the same till disposal of the partition suit.

 

S Srinivasa Prasad
Advocate, Hyderabad
2866 Answers
9 Consultations

5.0 on 5.0

No as it was fathers property the same will be equally divided. You can file partition suit if required and seek the equal partition of the same through court

Prashant Nayak
Advocate, Mumbai
22962 Answers
49 Consultations

4.4 on 5.0

issue him a legal notice first demanding your share. If there be no proper response, file a partition suit in the district court through local lawyer.

Mohammed Mujeeb
Advocate, Hyderabad
18991 Answers
15 Consultations

4.5 on 5.0

File a Partition Suit.

Everything will be cleared out. Each piece of land will be distributed equally.

Thanks

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Since the property belonged to your deceased father and he is reported to have died intestate,  his properties left behind by him,  shall devolve equally on all his legal heirs. 

You are entitled to one fifth share in it as a right. 

If your brother is denying to give your legitimate share or refusing to partition the property you may file a partition suit claiming partition and separate possession of your share in the property. 

You may consult a local advocate and proceed as per the advice received. 

T Kalaiselvan
Advocate, Vellore
70524 Answers
985 Consultations

5.0 on 5.0

I am not able to understand your query.  Book phone consultation. 

Ravinder Pasula
Advocate, Hyderabad
400 Answers
125 Consultations

5.0 on 5.0

W1. On death of your father without Will all his properties appearing to be self acquired is liable for division among his children in equal share. 

2. In other words you have got undivided 1/4th share in the land and property. 

3. The house built by you is your exclusive property which can not be claimed by your brother. 

4. File a suit for partition to get physical demarcation of your respective share in the property. 

Devajyoti Barman
Advocate, Kolkata
21978 Answers
325 Consultations

5.0 on 5.0

1. See a partition suit can be filed to divide the property in name of your father equally between all the legal heirs.

2. As far as the house constructed is considered if same is alloted land and brother is paying rent to you merely paying rent doesn't make him owner you can using ownership documents claim the right and give notice and file suit of eviction for possession of the house.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
125 Consultations

5.0 on 5.0

All have eqaul share. Have to file partition suit to recover possession if borther no agree for amicable settlement.

Paying rent dose not give ownerhsip right.

His every claim is invalid. All have equal share in everything.

 

Yogendra Singh Rajawat
Advocate, Jaipur
21421 Answers
31 Consultations

4.4 on 5.0

1. Yes you can file partition suit against your brother to claim share from land inherited from your father even if it is lal dora land. 

2. Yes all of you can file suit against your brother for claiming share from house purchased jointly.

3. Suit for house should be filed in Hoshiarpur Punjab show his land reciepts and Electricity bills as proof that house belongs to all family.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

- Since , you all got the property from fathers , hence all the legal heirs is having equal right over the property. 

- As per Supreme Court , A Caretaker can never acquire interest in the property irrespective of his long possession, hence your said brother cannot claim ownership on the ground of care taking of the property. 

- Similarly , your said brother cannot claim any portion of the family properties , on the basis of rent receipt etc.

- Legally , you all having equal right over all the properties left by your father even there is no WILL . 

- Firstly you should issue a legal notice to all the legal heirs for diving /portion all the properties left by your father by metes and bounds,

- If,  no response, then file a suit for partition for getting share in the property and to partition of whole properties. 

Mohammed Shahzad
Advocate, Delhi
5910 Answers
60 Consultations

5.0 on 5.0

1. On the demise of father his surviving Class 1 heirs (widow and children) have succeeded to the property equally.

2. Any heir is at liberty to file a suit for partition to cull out the separate possession of his share through metes and bounds.

3. Rent receipt does not extinguish the share of other heirs.

Ashish Davessar
Advocate, Jaipur
30295 Answers
879 Consultations

5.0 on 5.0

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