Vikram kanwar (CEO) 03 June 2015

Property issue with step brother

Hi there,

I am stuck in a problem where my step brother is unwilling to share the ancesotral property. This property is currently in name of my step mother. According to him, I can't claim the property since it is not in the name of my own mother.

Initially the property was divided between three people after my father's death and that was my step mother, my step brother, and me. Then that property was sold and new property was purchased which was taken entirely in the name of my step mother.

When the original property was sold, a new bank account was opened in my name and some amount recieved after selling my share of the property was deposited in it. Since he was my elder brother I always trusted him, he managed my account completely.

Now, I want to know is there any chance that I can claim the property. Secondly, what is the general fees of an high court advocate.

Thank you.

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3 Replies

saravanan s (legal advisor) 03 June 2015

first of all is that self aquired property or ancestral property in the hands of your father?after your fathers death how did it devolve on you all.did he die intestate or he wrote a will?

Kumar Doab (FIN) 03 June 2015

You have posted that it was ancestral property that was devided between your step mother, your step brother, and you.

How did this ancestral property devlve upon your father; say by registered partition deed/WILL etc?

How did it devolve upon your step mother, your step brother, and you say by WILL etc?

If the ancestral property has properly been partitioned/divided and share paid then what claim is left?

The bank a/c was opened in your name ……………….implying you were sole owner of the a/c………………..and amount deposited…………………then how can anyone manage the a/c?

If any amount was withdrawn fraudulently then you may proceed against step brother.

As a step son you may fall under Hindu Succession Act:Sec:15 (1)(b), 15 (2)(b) ……….and may not succeed since step mother has her own children……..

However you may show all documents related to property and your claims to an able lawyer dealing in family/revenue/property/civil matters and understand merits and remedies and proceed further thereafter.

Vikram kanwar (CEO) 13 June 2015

@Sravanan : The original property was ancestral. My father did not left any deed/will, he did die intestate. My step brother distributed it equally after his death between his mother, himself and me.

Let me clear something here which might be confusing you. The time when my father died the property was in his name and it was divided between three of us, but after few years that property was sold and then new property was purchased in a different area. But this property instead of getting divided between three of us was completely purchased on my step mother name.

The amount deposited to my account was withdrawn by my brother whenever needed. As said that at that time I trusted him so I did signed cheques for him.

Now, I am not left with anything and looks to me he has done his ground work and therefore he doesn't care about me anymore. I guess only the house is the thing which can be divided among us, coz its still in name of my father.

Please do give me contact number of a good advocate in Delhi. Will discuss about this in detail.

Thanks and regards