Return balance amount paid by brother with interest at 9 per cent 

if you have repaid money advanced by brother he has no share in the property 

He can file declaratory suit that he has share in property as part of same consideration was paid by him 

property was bought in your name and wife name for benefit of joint family 

1. Just because your brother had transferred some amount to your account, at the time of purchase of property, does not create any interest in the property as his.

2.  Since there's no agreement between you and your brother, stating that your brother will have a share in the property, there's no provision in law for your brother to stake a claim in the jointly owned property of yours. 

Dear Client,

Your brother's claim for a share in the property is likely very weak if there is very little, if any, writing or oral agreement indicative of the funds provided being an investment for an ownership interest. The fact that you returned half of the money transferred and the acknowledgment from your parents to settle the rest is a good indication that this money was simply meant as financial assistance and not as consideration for any share in the property. His claim may not survive in the courts, given that there seems to be no evidence, however strong or weak, of an implied trust, a gift, or a contractual obligation resting on your shoulders. All that needs to be done now is to preserve all bank records, communications, and papers regarding these transactions. I recommend that you contact a property lawyer to review the matter and effectively protect your rights.

Hope this helps. Feel free to inquire for any legal query.

Your brother’s claim is not legally maintainable since there is no agreement, no ownership documentation, and no proof of intent that he was an investor in the property. His transfer of money was assistance, not a contribution towards ownership.

1. Why His Claim is Legally Weak?

✔ No Written Agreement – A property share claim requires a legal document or registered agreement, which he does not have.
✔ No Name on Property Title – The registered ownership remains with you and your wife, making it difficult for him to claim a stake.
✔ You Partially Repaid Him – You already returned half of the amount, showing no intention of co-ownership.
✔ Oral Claims Hold No Legal Value – Courts rely on documented proof, not just verbal statements.

2. Does the Pending Amount Strengthen His Claim?

• If you haven’t paid the remaining amount yet, he may try to file a suit for financial recovery, but that does not grant him property rights.
• Even if he proves he gave you money, the court will only see it as a loan, not ownership contribution.

Solution: If you want to avoid further disputes, you can:
✔ Clear the remaining amount and take a signed acknowledgment from him that the transaction is settled.
✔ Draft a legal agreement stating that the money was only financial assistance, not for ownership.

3. Can He Use Any Legal Provision to Claim Property?

❌ No provision allows him to claim ownership without proof of investment.
✔ The only thing he can do is file a recovery suit for the unpaid amount, not demand property rights.

4. Recommended Legal Action to Block Any Future Claim

✔ Send him a legal notice clarifying that his financial assistance does not entitle him to ownership.
✔ If he files a suit, contest it on grounds of lack of evidence.
✔ Document all financial transactions to avoid future claims.

Final Advice & Next Steps

Your brother’s claim is weak, but taking legal precautions will fully protect your ownership rights.

I can draft a strong legal notice rejecting his claim and legally safeguard your property. Call or WhatsApp me at Nine Five Nine Two Five Zero Zero Zero Six Eight for a paid consultation, and I will ensure you are fully protecte

1. Hindu of law regarding property is to a large extent is not codified, it is still governed by law stated in Shastras and cased decided by Courts. In Periannan’s property worth 5L was purchased with contribution of 50K from family member, said property was held to joint property.
2. In Mangal Singh’s it was held that if a person takes aid of any portion of joint family however small it may be it will treated as joint family. But there are contrary judgments also.
3. In your case it is not stated as to how much money were transferred by brother.
4. There is no need for any agreement between family members, everything is done through word or mouth.

Time Limit for Your Brother to File a Claim & Whether He Can Claim a Share in Your Wife’s 50% Ownership

Your brother’s claim remains legally weak, but it’s important to understand the time limitations and whether he can attempt to claim your wife’s share.

1. What is the Time Limit for Him to File a Claim?

• For Financial Recovery (If He Claims It Was a Loan):
  ✔ Under the Limitation Act, 1963, a money recovery suit must be filed within 3 years from the date the money was transferred.
  ✔ If there was no written agreement, the 3-year period starts from the date of the last financial transaction between you both.

• For Ownership Claim (If He Tries to Claim Property Rights):
  ❌ No valid legal claim exists for property rights as he was never an owner or investor.
  ❌ If he falsely claims co-ownership, he must prove an agreement, which he cannot.

Conclusion: If he does not file any claim within 3 years, even for a financial dispute, his case becomes time-barred and legally invalid.

2. Can He Claim a Share in Your Wife’s 50% Ownership?

✔ No, he cannot. His money was transferred only to your account, and your wife paid her share separately.
✔ The property title is in your wife’s name for her 50% share, and since he never had any financial transactions with her, he has no legal right to claim anything from her share.
✔ Even if he files a false claim, your wife’s share remains fully protected as she has independent ownership.

3. How to Secure Your Property & Avoid Future Claims?

✔ Send a legal notice rejecting his claims and stating that the financial assistance was not an investment.
✔ Clear any pending amount and get a signed acknowledgment that he has no further claims.
✔ Maintain all financial records to prove there was no agreement for ownership.

Final Steps – Ensure Complete Legal Protection

Your brother’s claim is not valid, but taking proactive legal action will prevent any future disputes.

I can draft a legal notice to block his claims and safeguard your property rights and I will handle all legal formalities to protect your ownership.

Contact/WhatsApp - Nine Five Nine Two Five Zero Zero Zero Six Eight 

please leave your valuable feedback, if this was helpful.

He can claim share in proportion of money invested by him 

if wife has contributed 50 per cent she has 50 percent share in property 

1. There is no time limit for claiming share in the joint property. That is the law. 

2. 50 % of wife's share may remain with wife. 

You can refuse to give any share in your property. If he is demanding his amount you can arrange to return the balance amount.

You can challenge the case on merits and with the support of documentary evidences if he is planning to take it up legally.

If he is claiming a share based on the amount he had lent, then it is he who has to prove it, you can always say that you have returned half of it and you are ready to return the balance too.

Your brother's claim is not maintainable besides there was no contract or agreement between you both

Also the time limit is three years from the date of returning half the amount to make the claim for money maintainable.

He can claim 50 percent share in property. He can file a suit if he has made 100 percent payment in property and your are just name sale owner

He cannot claim all your share 

if you have repaid half of loan he can only claim share on basis of amount invested by him 

burden of proof is upon him to prove money was given for purchase of property 

If he proves in court that the source of funds were his and your haven’t returned it and it was purchased on your name sake only. You have option to just return his money if suit is filed by him

Kindly read my my answer to your follow up question again, i have explained that he cannot claim share in ownership of your wife 50% share. Rest eveything has been answered.

For further Clarifications and detailed legal analysis, you can contact on the number given above or schedule a meeting at my office at chandigarh.

Thanks.

- Since, the said house is registered in the joint names of you and your wife , then none having right to claim any right that house , even contributed financially. 

- Your brother cannot claim any share in the property /house even after filing a case before the Court. 

- Further, if there is no agreement was executed for the said payment by your brother , then he cannot get any share in the property. 

- However, if he has paid the said amount online mode, then he can claim the amount from you on the ground of loan. 

- He can claim the amount within 3 years from the date of payment. 

- No, he cannot claim any share even on your part. 

Don't get confused by reading too many answers.

There's no rights for your brother in the property you jointly own with your wife.

If at all he makes a claim then he can do it only for the money he lent.

There was no agreement nor a contract between you both in this regard.

He had given you money which was returned to him to the extent of 50% 

If he's got any claim for return of money he should make it within three years from the date of your latest payment.

There is nothing beyond this hence you may better don't be perplexed by reading too many opinions.

Legal Position on Brother’s Claim to Property

1. No Legal Ownership Without Agreement

   • Since the property is jointly owned by you and your wife (50% each), and no written agreement exists stating your brother's contribution as ownership, his claim is weak.
     
   • Mere bank transfers do not establish ownership unless a contract or proof of agreement exists.

2. Partial Repayment & Outstanding Amount

   • Since you repaid half of the amount and the remaining was to be paid by parents, it was a financial assistance, not an investment.
   • If no written acknowledgment states the remaining amount is for ownership, his claim is not strong.

3. Time Limit for Filing Suit

   • Under Limitation Act, 1963, for money recovery, your brother has 3 years from the date of transfer or demand for repayment.
   • For property claims, if he argues it as a benami transaction, the case will likely fail because the Benami Transactions (Prohibition) Act, 1988, prohibits such claims.

4. Can He Claim a Share in Your Wife’s 50%?

   • No, since the money was transferred to your account only, he has no claim over your wife's share.
   • If he claims ownership in your 50%, he must prove the transfer was for property investment and not assistance.

5. How Can He Prove His Claim?

   • He must show clear evidence (written communication, agreement, or acknowledgment) stating that the money was for co-ownership.
   • If he cannot prove this, his case is unlikely to succeed.

6. Your Defense:

   • Show that you repaid half and the remaining was agreed to be paid by parents, proving it was a loan/help.
   • There was no intent of ownership transfer to your brother.

Conclusion:

His claim is not legally maintainable without evidence. You can return the remaining amount to avoid litigation, but legally, he cannot claim property ownership based on a mere bank transfer.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.