Brother has one fourth share in property
2) you cannot claim medical expenses of 2015
3) buy out brother share in property if possible
Mother senior citizen. Property share asked by brother after passing father.
1 Father passed away in 2015,as a son I did all expenses 15 lakhs 2. My elder brother doesn't leave in house and lives separately after his marriage (with daughter and son). one One elder sister is married 3. Fathers pension is transferred to my mother but is only 10k per month 4. My brother wants a share in house build by my father in 2 guntha land 5. i take care of my mother and household maintenance and her medication she is 62 yrs old 6. Me and my sister wanted to Give our share of property to mother but my elder brother doesn't want to. He is also abusive to my mother and has not spend any penny since he was separated from house in 2004. A. Now By law how how much is my brother entitled to pay monthly to my mother? He earns about 1lakh salary. B. Can I ask to divide medical expenses of my father which I did in 2015 with interest to my Brother? He passed away at the age of 62. C. How to transfer brothers share to my mother?
Asked 11 days ago in Property Law
Religion: Hindu
11 Answers
Fathers property is self occupied with no will
Asked 11 days ago
Brother has one fourth share in deceased father property as father died without a will
You and your sister may decide to relinquish your rights in the property left behind by your father independently on your own but you cannot force your brother to do so.
A share in your father's property is his rights for your brother.
You have spent money towards your father's on your own and there was no compulsion on you neither your brother had any agreement with you in this regard therefore you cannot claim any money from your brother in this regard.
Neither your mother nor you or sister can deny any share to your brother out of your deceased father's property.
All the legal heirs of your deceased father are entitled to an equal share in the property left behind by your father which was his self acquired property.
After your father's death in 2015 without a will, the property he left behind becomes ancestral/class-I inheritance for his legal heirs. His legal heirs are your mother, you, your brother, and your sister. Each of the four gets an equal 1/4th share, irrespective of who paid medical bills or who lived in the house. This is the mandatory rule under the Hindu Succession Act.
Your brother is legally responsible to pay monthly maintenance to your mother. Since he earns around ₹1 lakh per month, Indian courts generally order 15% to 25% of net monthly income for a parent if the son is earning well and parent is dependent. Your mother already receives a small pension of ₹10,000, which is not enough for her full needs. Realistically, a family court in Pune will likely order him to pay around ₹15,000 to ₹20,000 per month as maintenance. Under Section 125 CrPC and the Maintenance & Welfare of Parents and Senior Citizens Act, 2007, the court can also impose penalty if he neglects or abuses your mother.
You cannot legally demand that your brother must reimburse the medical expenses you paid in 2015 for your father. Inheritance law does not allow recovery of past family expenses unless there was an agreement in writing. Medical expenses of a parent are treated as family responsibilities, and the amount becomes voluntary unless your father had written that these were loans. Because that did not happen, you cannot legally claim repayment with interest from your brother now.
To transfer your brother’s share to your mother, he must voluntarily execute a registered Release Deed/Relinquishment Deed in favour of your mother. Without his consent, you cannot take his share or force him to transfer it. No court will cancel his share simply because he did not stay with the family or did not spend money. His abusive behaviour has no impact on his inheritance rights, but your mother can file a case under the Senior Citizens Act to evict him if he harasses her.
If your mother wants more control of the property, you and your sister can execute a registered Relinquishment Deed for your own shares in favour of your mother. After that, your mother will hold 3/4th ownership. Your brother will still hold his 1/4th share unless he agrees to release it. If he refuses, the property remains jointly owned. You can still file for partition, but that will physically divide the property or force sale and distribution.
The best practical steps are that you, your sister, and your mother sign registered relinquishment deeds so your mother becomes majority owner, your mother files a maintenance case to compel your brother to pay monthly money, and you keep all abusive messages or behaviour recorded, as the Senior Citizens Act protects her strongly and she can even get a restraining order.
A. Monthly amount from brother
-
Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007, your mother can file before the Maintenance Tribunal.
-
Tribunal usually looks at his income, her needs, and other children’s capacity.
-
There is no fixed % in law, but with ₹1 lakh salary, ₹10,000–₹20,000 per month from him alone is commonly ordered (plus others may also be directed to contribute). Final amount is judge’s discretion.
B. Old medical expenses of father
-
There is no automatic legal right to recover past medical expenses with interest from your brother.
-
You could claim it as part of a civil suit for contribution, but:
-
Very old (2015 – limitation issue).
-
Hard to succeed unless there was a clear agreement.
-
-
Practically: low chances; better to focus on present/future rights (maintenance and property).
C. Brother’s share in house
-
As per Hindu Succession Act, in your father’s self-acquired property, no will:
-
Legal heirs: mother, you, brother, and married sister – all 4 get equal shares (25% each).
-
-
To transfer brother’s share to mother, any of these routes:
-
Registered Gift Deed – Brother gifts his 25% to mother (needs his free consent; pay stamp duty and registration).
-
Release / Relinquishment Deed in favour of mother – executed & registered.
-
If he refuses and is abusive – mother can:
-
File maintenance case (Senior Citizens Act).
-
Also police complaint / domestic violence complaint if abuse is serious.
-
She can ask court for right to reside / protection orders, but cannot force him to give up his share unless there is some fraud/undue influence ground etc.
-
-
- Since, your father died intestate, then his property would be devolved upon all his heirs equally , and hence your said brother has also equal share in the property left by your father.
- Further, any of the legal heirs can release his respective share in the name of mother after registering a Relinquishment deed
- Your brother is also equally liable for the payment of the maintenance to his mother , and hence your mother has her right to claim the same legally.
- Further, you can also claim the medical expenses as well of father from him , and if refused then send him a legal notice.
- You cannot force the said brother to transfer his share in the name of mother.
- However, your mother can send him a legal notice .
Yes you can ask for mother expenses from him atleast 20k per month. You can also claim the expenses incurred from him if he needs share
Dear Client, under Indian law your mother, as a senior citizen, has a clear right to claim monthly maintenance from your elder brother under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and with his income of around ₹1 lakh per month, the Tribunal can easily order a reasonable monthly amount (often ₹10,000–₹25,000 or more) depending on her needs; however, you cannot legally force him to reimburse your father’s medical expenses from 2015 because such past voluntary expenses are not recoverable unless there was a written agreement, though you can mention them to show your brother’s neglect; as for property, your brother automatically has a 1/3rd share in your father’s property (since the heirs are your mother, your brother, and you), and you and your sister can give up your shares to your mother through a registered release deed, but your brother cannot be forced to transfer his share—however, your mother can disinherit him from the share in her own name if his abuse continues, and she can also file a senior citizen petition seeking eviction of an abusive child from her property or restraining orders. I hope this answer helps. For any more queries, do not hesitate to contact us.
A. There is no fixed amount which a child is liable to contribute for maintenance of his /her parent. It depends on various factors and the expenses that are required to be incurred for the maintenance of the parent. The parent can apply to the Senior Citizens Tribunal for maintenance from the elder son
B. No you cannot. Maintaining your late father at time of need was your moral obligation
C. No he cannot be compelled to transfer his share to the mother
Dear Querist,
My opinion on your queries are as under
A. Now By law how how much is my brother entitled to pay monthly to my mother? He earns about 1lakh salary.
Opinion: Your mother may file a maintenance case against him and may get more than 15000/- per months from his as maintenance under section 125 of Cr.P.C. now 144 BNSS, 2023.
B. Can I ask to divide medical expenses of my father which I did in 2015 with interest to my Brother?
He passed away at the age of 62.
Opinion: No, legal you cannot claim any amount from him for the medical expenses borne by you for your father.C. How to transfer brothers share to my mother?
Opinion: Without his consent, you can not. He is entitled for 1/4th share in the property as your father died intestate and he is one of the first class heirs of your father.
