Requset advise what my younger brother to do
Querist :
Anonymous
(Querist) 29 October 2010
This query is : Resolved
My father is a old man & can not remember well. In Sep 08 My father has donated his part of share of our home (as the home is on jointly owned by my father & mother, but my mother died in 2007) to my younger brother by registered gift deed in Dristric registry office at Barasat Dist.24 pargana west Bengal. This was not known to other members of my family. Again in July 2009 my father gifted the same part of his share to my elder brother without informing the same to my younger brother by a registared gift deed in the office of sub registar Ashoknagar under distric 24 Pargana (North ) west bengal. After that my Elder brother has done mutation & changed the titel of the property in his name in BLRO office Ashoknagar.My younger brother ia working in Army. Now my younger brother has approched to BLRO ashoknagar for mutuation but found that title of property owned by my father's name has already been changed to the name of my elder brother & BLRO is not accepting any request further from my younger brother for mutation & adviseing my younger brother that it can not be done untill by elder brother surrender the deed. Kindly what will be the course of action.Now who is actual owner of this peoperty?Is there any possibility to do the mutuation of said property in the name of my younger brother if my elder brother does not surrender the said deed. I will be thankful if u kindly advise the actual course of action of my younger brother.
Devajyoti Barman
(Expert) 29 October 2010
If your father has already gifted the property to your younger brother first then he can not later gift the same property to your elder brother. Moreover your father can not transfer more than his 1/2 share in the said property along with his due share from his wife's 1/2 share to any of his sons. Whatever be the case your brother has got share in property by way of inheritance from his mother. In that circumstances the right approach would be to file a suit for partition claiming the respective share in the property. Bear in mind that Mutation Certificate alone does not pass any title.
s.subramanian
(Expert) 29 October 2010
Your elder brother is the owner of the property. Younger brother cannot claim it .
Querist :
Anonymous
(Querist) 29 October 2010
Dear Sir
We are two brothers & two sisters both married. The property was jointly owned by my mother & my father.As my mother is expaired in 2007 & my father has donated twice his same part now by law at what rate or % the property will be devided? I mean how much % of property will be owned by elder brother, younger brother & daughter (1) & Daughter (2). We are hindu by religion. Kindly advise in this case as per rule how % of share will take place.
With thanks
Devajyoti Barman
(Expert) 29 October 2010
All of your siblings have got undivided equal 1/10(1/2 x 5) share in the property and your father has got 1/2 +1/10 share in it.
Querist :
Anonymous
(Querist) 30 October 2010
Kind attention Mr. Devojyoti Barman
Sir
Thanks a lot for above information. I understand that by law my Elder brother i,e son (1), younger brother i,e Son (2),daughter (1) & daughter (2) each will get 1/10 share of this property, but in above case as my father has donated the same property twice, and son (1 )has already done mutuation with BLRO Ashoke nagar enrolled his name in land record.As father has donated same property by registry as his share to son (2) earlier than son (1).Now who is actually the owner of my father share i,e (1/2 +1/10) part of original property by law , son (1) or son (2)? I am in real confuse. kindly advise. Witing for ur valuable advise sir.
With thanks.
