I have an elder brother and sister. We have an ancestral property of 6 acres (in Kerala, Christian family) which my parents want to give it to my brother. We agreed to this orally, though we have not signed any document, thinking that he will take care of our parents. We have another property of 4 acres, which my grand father gifted (self acquired) to my aunt (who is unmarried and stays with my parents). My parents decided to give an acre each from that plot to me and my sister and rest to keep in their name. Recently, my brother decided to renovate the ancestral house and he has taken a loan from the bank. We got to know that my father had transferred a piece of land (around 30 cents) to my brother's name without our consent. But now, after demolishing the old house, he's not started to construct the house. My brother wants to transfer the 4 acre plot to his name before starting the house construction. My parents and aunt are staying in a rented house for time being. My brother's and his wife's behavior towards our parents are not good. My parents don't have a monthly income and they are mainly dependent on agriculture and diary. He doesn't care to give any monthly maintenance to my parents. Me and my sister help them as and when we can. We agreed to this formula of partition thinking that brother will take care of our parents. But it doesn't seem to be from their behavior. What are the legal options available for me and my sister in this situation?
29 October 2020
It is the responsibility of the major children to look after the welfare of the parents and the parents are entitled to this under the Senior Citizens Act. Moreover, your property is not partitioned in writing. and the other property of 4 acres which was gifted to your aunt is to be treated as her self-acquired property. So that property of 4 acres shall be disposed of by her only as she wishes. Your father's property is not partitioned, now make partition as mutually agreed between your family. take the help of your relatives, friends and well-wishers.
02 November 2020
Well advised by experts. Irrespective of partition of said properties as above all children to maintain the aged parents. Gift can not be conditional. Sort out issue amicably. You can consult legal expert on property matters in your area with all available documents for a workable legal solution.