My Parents lived in a pagadi rental house with the rent receipt in my father’s name. My brother and I used to live with them but now are settled abroad. My father expired 2 yrs ago. My mother now lives in the house. However because the house is on the 4th floor without a lift, my mother bought a second house around 4-5 kms from the current house.
My brother does not want the headache of maintaining the pagadi house. Even though the landlord is on friendly terms, is not transferring the rent receipt in my mother name. My brother is willing to give up claims to the pagadi house if I give him equivalent amount of money. My mother is willing to support my claim to the pagadi house but wants to live in the ownership house.
I want to know:
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Can my brother legally give up all claims to a pagadi house when the rent receipt is not in his name?
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I still hold Indian citizenship and travel to India at least once a year, how often do I have to keep coming to India to legally maintain possession of the house?
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As a tax question, if we sell the pagadi house, do we have to pay tax on the proceeds?
