• Division of property jointly bought by parents

We are two brothers from my father. My Mother has one more child from previous husband she got his custody after divorce. 3 of us are married. I want to ask following questions,   

1) My father has bought flat on the name of my mother how that flat is going to distribute after my mother, My mother has done my step brother bedakhal by publishing a news in newspaper. Registry is on the name of mother and father is co-borrower in home loan of the flat. 

2) My younger brother lives with parents, how movable property is going to distribute after parents.

3) If me and my real brother got the share in flat. Then i do not want to live with him. Does i have  right to sell it off and divide the money equally.
Asked 1 year ago in Property Law from Shimla, Himachal Pradesh
Religion: Hindu
1) your mother should make a will bequeathing flat to her husband ie your father and 2 sons 

2) reasons should me mentioned why she is disinheriting her son from previous marriage 

3) in event your mother dies intestate you would have one fourth share in flat 

4) you can file suit for partition for division of flat by metes and bounds  . if not possible flat can be sold 
Ajay Sethi
Advocate, Mumbai
23100 Answers
1212 Consultations
5.0 on 5.0
1 Well,m bedakhla by such means has no force of law.
2. So legally on death of your mother all his children including son from first marriage will inherit her property in equal share and you can deprive the share of the brother whom your mother bedhal him.
Devajyoti Barman
Advocate, Kolkata
5137 Answers
54 Consultations
4.9 on 5.0
Hi, The property is the absolute property of your mother she can dispose of the property by executing will or gift to anybody other have no right to ask because it is self acquired property of your mother.

2. Suppose if your mother dies with interstate without executing will then all the legal heirs of your mother has equal right over the property.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Hello,
1) While your parents are alive none  of you has any right in their self earned property.They can give it to any one of their choice.

2) If the property is registered in the name of your mother she is the sole owner of the property regardless of the fact that the  father is a co borrower.

3) If the parents die intestate all three of you will inherit equally, the property in the mother's name. The rights in the movable property as well has the same rule applying to them.
4) 'Bedakhal' by publishing a news in newspaper has no legal validity and does not take away the legal rights of a person.

5) If the property is divided by means of a Will by your mother , you have the option to sell the hhouse or your your younger brother can buy over your share.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
1) court would direct sale  of property if it cannot be partitioned 

2) since property's in your mother name step brother can claim share 

3) best option is for your mother to execute will in your favour and your brother if she so desires to avoid legal complications later 
Ajay Sethi
Advocate, Mumbai
23100 Answers
1212 Consultations
5.0 on 5.0
Hi, if you unable to divide the property then any one of them has to retain the flat and others has to receive the amount while executing the release deed.

2. If the father has to claim the ownership of the property he has to file a suit claiming that his wife has no independent source of income and flat was purchased form his money.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. Your mother can make a will in respect of the flat registered in her name and give it to anyone she desires. If she dies without a will then her husband and all her children i.e those born from first and second marriage will succeed equally to her movable and immovable property.

2. After the division of property you will be at liberty to sell your share in the flat. If the area of flat is too small then it should be sold as a single unit and the sale proceeds divided among the heirs. 
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
) My father has bought flat on the name of my mother how that flat is going to distribute after my mother, My mother has done my step brother bedakhal by publishing a news in newspaper. Registry is on the name of mother and father is co-borrower in home loan of the flat. 
What is bedakhal?,  if my understanding is right then he should have been renounced by your mother, right? This renouncement shall not deprive him of his legal rights in the property left behind by her as intestate, he can very well claim a legitimate share out of his mother's property as a lawful right. 



2) My younger brother lives with parents, how movable property is going to distribute after parents.
The property being your mother's absolute property though your father has bought it but have done the registration on her name. Therefore after her demise, if she has not bequeathed the property in anyone's favor through a will, then shall devolve equally on all her legal heirs. The legal heirs will include you both, your step brother and your father 



3) If me and my real brother got the share in flat. Then i do not want to live with him. Does i have  right to sell it off and divide the money equally.
If the property has been bequeathed on yo both, then you both have equal rights in it.  You may sell your undivided share in it or can seek partition and separate possession and sell yor share independently. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
1) Flat can not be divided as area is too small, so what if other member refuse to sell it off.
You can seek partition and separate possession through court of law by which some compromise will certainly emerge and you can play a safe game subsequently. 


2) Does father have right to claim 100% share by saying that they have bought by the name of their spouse. Both of my parents were govt employee.
Your father will be entitled to a share equal to that of other legal heirs if your mother dies intestate. 



3) Is step brother also have legal right on my father;s property
He will be entitled to a share in your mother's intestate property and not in your father's property. 

T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
1. Then it is to be jointly enjoyed.
2. Since the flat was bought in benam of his wife, he can not claim its title in his sole name.
3. No, since the property is considered to be your mother's property , not father's.
Devajyoti Barman
Advocate, Kolkata
5137 Answers
54 Consultations
4.9 on 5.0

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