• Property dispute

SIR, We are one brother and sis(me).We both are married.I am living in Gujarat.Brother has done love marriage and living seperate(for 12-13yrs).my father's house in my mother's name name which is purchased by father income.My mother was a housewife,she expired in april 2013.Just before 6-7 months brother came with his family to live with parents and after mother's death june 2013 he went with his family.He created too much problems with father which you can understand very well.Now fath.is living alone and i am taking care of him.Now house was in mother's name so legely it has divided in three(fath. bro. and sis(me))My father wants that house to be transfer to daughter(me).Brother is not ready to give and waiting to father death so he can occupy full house.I   am living far and cannot fight.This i came to know that father can transfer his share but what about brother share which he is not ready to transfer.Now father is retired and 70yrs. 
please tell me according to which law and act i can use to slove my problem.suggest me very clear and confirm ans. waiting for your reply.  thks......pooja goel
Asked 8 months ago in Property Law from Varanasi, Uttar Pradesh
Religion: Hindu
1) your father has one third share in house 

2) father can execute gift deed wherein he transfers his one third share in house in your name 

3) gift deed should be duly stamped and regd 

Ajay Sethi
Advocate, Mumbai
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The house was registered in your deceased mother's name after whose demise it devolved equally on all her heirs i.e her widower and children. So your father can transfer only his share and not that of your brother. If the property is to convey absolutely to you then your brother is to execute a relinquishment deed in your favour.
Ashish Davessar
Advocate, Jaipur
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448 Consultations
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please tell me according to which law and act i can use to slove my problem.suggest me very clear and confirm ans. waiting for your reply.  thks......pooja goel

The property though was funded by your father, it was bought on the name of your mother, hence it was your mother's exclusive property.
Upon the intestate death of your mother, the property left behind by her devolves equally on all her own legal heirs consisting your father, yourself and your brother.
Since your brother is also a legal heir and entitled to his legitimate share in the property, he cannot be denied his share in the property.
You cannot force him to give away his share for sentimental or any  other reason. 
If you apprehend that he may occupy the entire property after your father's lifetime, you may file a partition suit now itself and in which you can implead your father as a plaintiff and he may execute a registered release deed in your favor as far as his share is concerned.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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if it is your's father self acquired property then he can transfer it to any person excluding all heirs or to any one heir only. 

he can transfer it to you either by Will or gift. his son has no vested right in the property therefore he cannot claim his share. 
Shivendra Pratap Singh
Advocate, Lucknow
2745 Answers
41 Consultations
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