• Property dispute

My father purchased a house in 1967 in name of my brother when he was only 2 years old. So registry is in name of my brother.
After marriage of my brother in 1994. Due to differences with my brother, my father got ownership transferred in his name via civil court decree. 
Last year my parents expired in covid.
Now my brother says that his signature is forged and he has not signed any documents in 1994 case filed (judgement in favour of my father for ownership of this house )
Now he is claiming his title on the property and not willing to give my share in that house. Though he had left the house in early 1995 and I am living there since birth ( 1973) with parents. Now he is threatening me to go out of this house. My father lived in this house from 1967 till his death and all the documents are in father name except registry of this house which was done in 1967 in name of my brother. But I have 1994 decree which clearly says ownership is in my father’s name .
Please suggest way forward.
Asked 11 days ago in Property Law
Religion: Hindu

8 answers received in 1 day.

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16 Answers

Though house registration is in the name of brother, it was purchased by father  from his earnings, at that time your brother was not also of major age. The house is now ancestral property. Brother cannot ask you to vacate the house as it belongs to father. The decree obtained in 1995 is out to limitation now, as it could have executed with 12 years of  passing of decree. Without decree you have right to stay in house as you are staying there since birth from 1973. File a suit in civil Court seeking injunction against any attempts by brother to evict you.

Ravi Shinde
Advocate, Hyderabad
2315 Answers
37 Consultations

5.0 on 5.0

Based on the 1994 decree confirming your father's title, you need to file a suit against your brother for partition of the property, claiming your share as a legal heir in the intestate succession to your father's estate, at the proper court. Pray for an interim status quo order.

Swaminathan Neelakantan
Advocate, Coimbatore
1838 Answers
18 Consultations

4.9 on 5.0

Refuse to vacate the house 

 

2) filesuit for partition to claim equal share in house as property bought in brother name for benefit of joint family 

 

3) also seek injunction restraining sale of property by your brother 

Ajay Sethi
Advocate, Mumbai
87216 Answers
6050 Consultations

5.0 on 5.0

If the house property was properly transferred to your father's name in the year 1994 and ever since it was in his possession and enjoyment then he becomes the absolute owner of the property with clear and marketable title to the property.

The claim made by your brother is not maintainable in law.

Since your father is reported to have died intestate his property shall devolve equally on all his legal heirs.

Thus you have a right over the property insofar as your share in the property is concerned. 

 

You do not have to vacate the property on the threats posed by him. You can file a suit for partition and seek court's intervention for partition and separate possession of your legitimate share in the property. 

T Kalaiselvan
Advocate, Vellore
77368 Answers
1460 Consultations

5.0 on 5.0

Dear Client,

Since the ownership is in your father's name, you both are entitled to it. And if he is threatening you to evict the place, you can file a police complaint against him. 

Thank You

Anik Miu
Advocate, Bangalore
4380 Answers
45 Consultations

4.9 on 5.0

You need to contest the said suit and fasify his claims. 

Prashant Nayak
Advocate, Mumbai
26719 Answers
80 Consultations

4.4 on 5.0

My suggestion is to live peacefully in your house and no need to talk to them.  In case he has any claim, he can take legal recourse.  You have a good case.  However, in case your father has not left any Will, he is entitled for his share, that is, if you are two brothers and mother, you  have 1/3rd share each and he can file suit to the extent of his 1/3rd share.

Dalip Singh
Advocate, New Delhi
1024 Answers
35 Consultations

5.0 on 5.0

Any appeal would be barred by limitation 

 

2) if your father died intestate on his demise your brother has equal share in the house 

Ajay Sethi
Advocate, Mumbai
87216 Answers
6050 Consultations

5.0 on 5.0

An important of fact as to age of brother is not stated by you. But the judgment has reached finality, it cannot be reopened after 28 years. The property as of today is ancestral property in which  both equal right to share. He can share the house with you, he cannot evict you. Better to execute a partition deed by dividing the house.

Ravi Shinde
Advocate, Hyderabad
2315 Answers
37 Consultations

5.0 on 5.0

Definitely, your brother cannot challenge the court decree passed in 1994 now, barred as his action is by limitation. Do not yield to his tactics. Assert your rights legally by filing a partition suit as a permanent solution. Or, on mutual agreement, execute and register a settlement deed, carefully drafted by a lawyer.

Swaminathan Neelakantan
Advocate, Coimbatore
1838 Answers
18 Consultations

4.9 on 5.0

Get a partition deed executed and registered clearly mentioning the share in the land underneath and share of  roof right upto sky.

He cannot challenge the decree after 28 years.

Dalip Singh
Advocate, New Delhi
1024 Answers
35 Consultations

5.0 on 5.0

You can accept if you want out of the court settlement. Otherwise contest it's your discretion. 

He can't challenge but id he had knowledge now then within 3 years of knowledge he can challenge. If you have evidence he had knowledge of the same earlier file dismissal of the same on limitation

Prashant Nayak
Advocate, Mumbai
26719 Answers
80 Consultations

4.4 on 5.0

Your brother cannot challenge the judgment pronounced in the year 1994 at this belated stage.

Besides your father is not alive hence he cannot file any case against anyone now.

It appears that your father is reported to have died intestate hence the property left behind by your father shall devolve equally on all his legal heirs.

If you people decide to settle the matter amicably between you, then you can draw a partition deed as per the terms and conditions that are mutually agreed by both and get it registered so that the dispute can be avoided 

T Kalaiselvan
Advocate, Vellore
77368 Answers
1460 Consultations

5.0 on 5.0

Dear Client, 

If you think dividing by floor will be equal then it can be a good option.  A will can be challenged up to 12 years from the death of the testator. 

Thank You

Anik Miu
Advocate, Bangalore
4380 Answers
45 Consultations

4.9 on 5.0

- As per law, after the death of your father , his property would be devolved upon all the legal heirs equally , and your said brother cannot claim entire property after court has decreed the case in favour of your father , and cancelled the sale deed /property document which was in the name of your said brother. 

- If he is creating problem , then you can file a contempt petition against him ,after lodgings a compliant with the police. 

- Further, if he is having objection with that decree of the court , then he can file an appeal /petition before the court , and in the absence of any further court order , your said brother is bound to comply with the earlier court direction. 

- Further for solving the dispute , you can file a Partition suit with Injunction before the court. 

Mohammed Shahzad
Advocate, Delhi
9478 Answers
107 Consultations

5.0 on 5.0

 

He will not succeed in case but you have to contest. 

 

No need to give even 1 room or 1 sqft to him. 

forget abt agreeing to 1 floor.

 

 

Ankur Goel
Advocate, Bangalore
430 Answers

4.9 on 5.0

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