property issues
sada
(Querist) 21 April 2010
This query is : Resolved
HI i really need your help!!
my died in 1992 and was a Central govt emp.. and had a house.
after his death property got automatically transfer to my mom..
legal hires: mom, me, my elder brother, elder sister.
my brother got my dads job and never took care of my mom, ever since i am looking after my mom...
my mom wanted my dads job to my brother and house to me and had given all facilities to my sister in her marriage..
2 months back my mom registered the house on my name (sale cum AGPA)...
however now my mom has turned to my brother (dont know what he said) but she is now against me...
now my brother wants 50% share of the house i am a pvt emp..and you know what all things a govt emp gets and what a pvt emp gets...
he is enjoying all facilities (govt job) and now wants the property share...
i am confused...please help...
sada
(Querist) 21 April 2010
HI i really need your help!!
my dad died in 1992 and was a Central govt emp.. and had a house.
after his death property got automatically transfer to my mom..
legal hires: mom, me, my elder brother, elder sister.
my brother got my dads job and never took care of my mom, ever since i am looking after my mom...
my mom wanted my dads job to my brother and house to me and had given all facilities to my sister in her marriage..
2 months back my mom registered the house on my name (sale cum AGPA)...
however now my mom has turned to my brother (dont know what he said) but she is now against me...
now my brother wants 50% share of the house i am a pvt emp..and you know what all things a govt emp gets and what a pvt emp gets...
he is enjoying all facilities (govt job) and now wants the property share...
i am confused...please help...
R.R. KRISHNAA
(Expert) 21 April 2010
Dear sada
After your father's death all of you and your mother are equally entitled for the property.
The registration of Sale cum GPA in your name by your mother is invalid.
Though your brother has got your father's job and your sister has got other facilities during her marriage it cannot be said that your brother, sister and mother cannot claim share in the property.
All of you have equal share in the eye of law. By which you are entitled for 1/4th share in the property.
I suggest you to discuss the issue gently with your brother, sister and mother and make them understand that you want the property in full, as your brother and sister have already derived benefits by way of job and facilities during marriage.
If they agree to give the property to you then you shall get a release deed from them in your favour by which you get full rights over the property.
sada
(Querist) 21 April 2010
Thank you for you prompt response!!
Can i ask my brother to give me the job and take the complete property...?
or can i ask 50% share in job...? ((i know its not possible though) but can i do it this way...
50% share in property... and my brother shall look after my mom here after (based on 50% share in JOB if possible)...
else i have only one option left to leave the complete property to my brother and leave on my own till i did ever since my dad died...
my sister she is innocent and she would never come for a property share...
R.R. KRISHNAA
(Expert) 21 April 2010
I think your brother is in govt.job. How can government permit your brother to give the job to you. It is not possible.
You can negotiate with your brother for 50% share in property and your brother shall take the remaining 50% + take care of your mother. This shall be a good arrangement.
But for the above arrangement your mother and your sister have to execute a release deed in favour of you and your brother. It will be wise to register the release deed.
G. ARAVINTHAN
(Expert) 22 April 2010
Better all in your family sit together and have conciliation talks. So that the dispute between you and your brother will go
bhagwat patil
(Expert) 22 April 2010
dont go to legal way, it is not advisable for brothers to fight in court. u will get nothind and suffer a lot.pl. follow AG's advice.
Raj Kumar Makkad
(Expert) 22 April 2010
I also concur with the opinion of all learned experts and suggest to settle the issue amicably.
