Brother can claim share in property 

2) parents cannot claim as there is no proof of payment made by them 

3) husband can execute gift deed in your favour 

4) if you evict brother in law he will claim share in property 

5) return  money advanced by BIL 

Your brother in law can demand return of the amount he lent to you at the time of purchase based on the documentary evidence for the amount lent.

Your parents in law also can demand the return of the amount given to you at the time of purchase of the property based on the documentary evidence they possess.

Your husband has to transfer his share in the property by executing a registered gift or release deed in your favor after which you will become an absolute owner of the entire property, in that event also your husband's extended relatives can claim their amount given from your husband. 

Yes, you can issue a legal notice instructing him to vacate the house and deliver vacant possession failing which you can file a suit for ejectment to eject him from your house mentioning that he is an unauthorised occupier in the house.

1. Once the property is purchased in your name and deed is registered , it can not be claimed by any other person even if monetary contributions is  made by them.

2. So your husband need not transfer his half share in your name. That would not cause any change in the situation.

3.  However to evade any dispute it is better not to evict your own family members from the house. 

Yes you can evict him

1️⃣ Brother has no claim – No agreement, no ownership.
2️⃣ Parents have no claim – No proof, no legal standing.
3️⃣ Transfer to wife makes it claim-free – Yes, execute a gift or sale deed.
4️⃣ Eviction of brother-in-law – Yes, as legal owners, you can evict.

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. 

Hindu law of property is not yet codified. It derived from ancient shastras and commentaries. Any contribution by a family member to the  funds of acquisition of property makes that property joint.  That every ordinary acquisition becomes joint, no matter how much or how little each individual member of the family may have contributed to its being made. “If any help is taken from the family property it is enough to make the self-acquired property the property of the family.” This the law laid down by SC in number of pronouncements. There need not be any agreement to treat the  property joint. Any refund of contribution will be an admission of contribution and will be seen as an attempt to bypass the  establish proposition of law.  

Dear client,

It looks like you are pursuing a contested divorce in India, which is being based in the U.S. Since your wife has not been participating in the court hearings, the case will move towards the e-parte divorce. The following are things that you can do:

1. As you have published a notice in the newspaper, the court will check if your wife appears on the next hearing date. And if she still does not appear, the court may proceed ex parte and move toward granting the divorce.

2. If ex parte, the court could grant divorce within 2-3 hearings, and it may take around 5-6 months. And if contested, then it will take around 2-3 years.

3. Ensure your substituted service as giving notice in the newspaper is a sufficient proof of proper notice.

4. But there are various ways through which your wife can delay the divorce proceeding, by appearing at the last moment and contesting the divorce and resettling the divorce proceeding.

5. If she does not appear for the case again in June, request the court to proceed with an ex parte decree immediately.

Hope this helps you; if you still have any clarifications or issues, do not hesitate to ask.

It has to be proved and if you show that you have returned half of the money then he can’t prove the same 

We cannot comment on learned advocate Mr Shinde answer as we do not have access to replies given by other lawyers 

2) however brother does not automatically get share merely because he has contributed some funds for the purchase of property. In any case, you have already returned 50% of the amount contributed by the brother

3) You should return the balance amount received as from your brother 

In Periannan (S) v. CIT, in a partition between a father and his two sons, the father had to pay to one of his sons a sum over two lakhs. The son purchased property worth more than 5 lakhs and took a sum of Rs. 50k by withdrawing from the amount owed by father and paid it as advance. The balance is paid out of his self acquired funds. At the time of purchase assesee was not married. But subsequently when he marred, he constituted Hindu joint family with his wife. It was held that property in his hands should be treated as joint family property notwithstanding that only small portion of purchase price came from the joint family funds. The Court followed a decision of Allahabad High Court in Mangal Singh’s case.—Mayne’s Treatise on Hindu Law, foreword by Justice S.A. Bobde, Chief Justice of India, 18th Ed. 2022, page 939.

My opinion is based on whatever little knowledge of law I acquired through practice and research. Other learned lawyers are equally capable, my intention is not to argue with other learned brothers.

1. “The transfer was only from brothers account which was intended as an assistance in the property purchase…” This irrefutable admitted fact.
2. Presumption of law is, property purchased by any member of family with contribution of funds from any by coparcener (son, father, brother) acquires the  character of joint family. When purchaser wants to claim that the contribution is by way loan, it is for him to establish that through loan agreement, so far as I can understand, there is no such agreement.
3. It is not that the purchaser is ready to refund the   It the intention at the time of provider of funds at the time of contribution. Suppose x contributes 10 per cent of sale consideration which 100 rupees. After some time price of property escalates 200,300, purchaser will not be heard to claim, please take your 10 per cent out 100 rupees and get out of it.

First return the balance amount 

if you have returned balance amount he cannot claim any share in property 

Repay  Rs 7 lakhs 

even if he goes to court you can take the plea that full amount contributed has been repaid 

don’t wait for court orders 

1. 15L paid, property purchased after four months. Presumption property purchased with help of contribution.
2. 15L is substantial amount, about 17 per cent of sale consideration. 3.
3. No previous transactions of payments by brother and refund by purchaser are mentioned, if there are any.

Yes you can prove the above 

no opinion can be rendered on the opinion by a fellow advocate of this website to your query. 

The opinion given by the referred learned advocate seems to be his own opinion to your query. 

your case is that there was no agreement between your brother and you in respect of any share in the property just because he had lent some money to you.

you have already returned the borrowed amount for which you possess documentary evidences, hence you may have to fight your case, in case he files one, on merits with the support of documentary evidences in your possession.

It is clear from the fact the your brother paid some money to assist you to purchase the property, but that will not entitle him to claim any share in the property.

It becomes your duty to return the amount what you borrowed from him and if you don't do that then he may claim the same by filing a suit for recovery of money and may even claim your property to the value of his assistance in terms of money.

However it cannot be considered as a joint family property because there i no such account prevailing in your family.

If he is forcibly trying to occupy your house then you can file a suit for injunction to restrain him from entering into your property forcibly other than b y due process of law

It is better you issue him a legal notice to refrain from disturbing you from creating such mental harassment and also from indulging in any illegal activities in this regard and also you can inform him that you are ready to return his amount with interest in the presence of a witness on a date fixed mutually.

You secure all those correspondences as an evidence to fight legally if necessary in future.

You can challenge his case properly on the basis of the documentary evidences in yor possession if he is approaching court with a suit seeking a share in your property.

You have already stated that you have returned half of his amount and are yet to return the balance of amount.

This clearly indicates that you have borrowed a sum from him and have already returned a partial sum and always ready and willing to return the balance amount also.

Therefore in no manner this can be considered as property purchased out of joint family funds. 

As suggested you secure the evidences in yor support so that you can challenge any claim properly at that time

Thanks for your appreciation 

2) your wife share is safe 

3) at most he can claim from your share 

There are many aspects to be considered by court.

Firstly since you have returned half of the amount, the court will conclude it as a hand loan borrowed by you and not an amount invested by him for purchasing the property.

Secondly there's no agreement between you and him accepting him as joint owner just because he had lent the amount.

Thirdly this is a joint property purchased in the joint name of your wife and you with her contribution through her own sources of income.

Next, he never raised a claim for a share in the property when he accepted the partial amount of loan you returned earlier.

Next, your willingness expressed before court to repay the balance loan amount with interest to him is a major advantage on your side which court will consider as a valid issue to decide the case against him besides many more aspects that the court take them for deciding the dispute and to arrive at a conclusion that it was a loan amount and an investment neither it was a joint family property.

He can only claim the share for which he paid the amount but in this case as there is a return he can’t 

- Since, the said property is registered in the name of you and your husband , then none having right to claim any share over the same. 

- Further, in the absence of any written agreement his father cannot claim any share of this property even he has contributed financially for purchasing that property. 

- However, if he has paid that amount by way of cheque or online, then he can recover that amount from your husband on the ground of loan given by him to your husband. 

- Further, brother-in-law has also no right to reside in that property without getting consent of you both , and he can be evicted legally. 

Brother in law wife has no rights  on the property 

your brother in law can offer alternative accommodation to his wife 

enter into leave and licence agreement with BIL 

The would be wife can claim residential rights alone in her matrimonial home which would be the place where her husband resides, if he is also residing in the same house then she can claim it as shared household.

In that case you can enter into a rental agreement with your brother in law so that she cannot claim residential rights in the rented accommodation

- As per law, the wife of your brother-in-law having no right to claim over others  property , except she has residential rights from her husband only during his life time. 

- Further, her status is like a licensee through her husband in that property , and hence you can evict her and also your brother-in-law from your property legally. 

He can’t prove it but even you need to explain court what is the other reason he will transfer such a huge amount in your account other than for said land transaction