My brother wife claim property's
Jagadeesh
(Querist) 04 April 2017
This query is : Resolved
Hello my family has 4 member dad Mother brother and me ,my father govt employee died due to heart attack he has taken a lot of money from outsiders due to his loss we r unable to pay so me mom brother decided to sale the house to other and given money to them but still we have problem....after that my father job was given to me that saying that u have to pay remaining amount my brother did not involved in this matter because he is already however Iam unable to pay that amount .....after slowly Iam continued paying after getting job and try to take home loan to get back my home because I am interested .....we all together for almost 3 year suddenly my brother died in road accident ....my brother wife claim for property that my brother has half share u need to pat me for that.... And she claim her gold house articles etc on me & my mother Iam also got married my financial position is also difficult to servive paying loan and pay little dispute left my father and remaining think...anyone can clarify my brother wife has a right to claim on me kindly request advise me and also she has taken house key 🔐 and went my mother is outside that is my own property.... Can anyone plz help regarding this issue
Kumar Doab
(Expert) 04 April 2017
It is believed that you are all Hindu.
Confirm!
Kumar Doab
(Expert) 04 April 2017
Father’s Property: If he did not leave a valid WILL then his property shall be equally shared by ClassI legal heir’s i.e; Mother (if alive on date of death of father), wife (your mother: as per your post she is alive), sons and daughters………………..
It is simple procedure of inheritance.
The property can be sold by all legal heirs.
If your brother signed during sale and it was mentioned in sale deed amount has been paid (in shares to all legal heirs/owners) then your brother is deemed to have collected his share.
You need to establish that your brother collected his share.
Kumar Doab
(Expert) 04 April 2017
Father’s Property: If he did not leave a valid WILL then his property shall be equally shared by ClassI legal heir’s i.e; Mother (if alive on date of death of father), wife (your mother: as per your post she is alive), sons and daughters………………..
It is simple procedure of inheritance.
The property can be sold by all legal heirs.
If your brother signed during sale and it was mentioned in sale deed amount has been paid (in shares to all legal heirs/owners) then your brother is deemed to have collected his share.
You need to establish that your brother collected his share.
Kumar Doab
(Expert) 04 April 2017
Repeated at:
http://www.lawyersclubindia.com/experts/My-brother-wife-claim-for-property--636946.asp
Sudhir Kumar, Advocate
(Expert) 05 April 2017
"after that my father job was given to me that saying that u have to pay remaining amount "
JUST NOR BELIEVABLE.
COMPASSIONATE JOB IS NOT GIVEN ON THE CONDITION OF RE-PAYMENT OF DEBT TAKEN FROM OUTSIDE.
Please do not mislead the forum. You will yourself suffer wrong advise based on wrong facts.
Sudhir Kumar, Advocate
(Expert) 05 April 2017
"Iam unable to pay that amount "
now you are govt servant.
habitual indebtedness is professional misconduct of govt servant.
Sudhir Kumar, Advocate
(Expert) 05 April 2017
".my brother wife claim for property that my brother has half share u need to pat me for that"
if you have got any part of brother's share after paying father's debt then pay her.
If your brother inherited debt only which is still unsettled then inform her the share she has to pay.
Sudhir Kumar, Advocate
(Expert) 05 April 2017
"she claim her gold house articles etc"
HERE COMES THE REAL YOU.
WHETHER YOUR FATHER LEFT DEBT OR HEAVY BOUNTY IT IS IRRELEVANT.
YOU AND YOUR MOTHER HAVE NO RIGHT TO USURP HER GOLD.
You both are committing crime under section 406 of IPC which is non-bailable. Please do not compel her to go to Mahila thana. Once arrested for 48 house + then you are suspended.
Such action is also professional misconduct for govt servant.
Sudhir Kumar, Advocate
(Expert) 05 April 2017
"also she has taken house key 🔐 and went my mother is outside that is my own property"
which house?
you have already sold the house as your said.
where she resided last with her husband?
Rajendra K Goyal
(Expert) 05 April 2017
Agree as analysed by the expert Sudhir Kumar.
Please try to have amicable family settlement.
Kumar Doab
(Expert) 05 April 2017
The dispute seems to have complicated.
You have posted that:
“my father govt employee died due to heart attack he has taken a lot of money from outsiders due to his loss we r unable to pay so me mom brother decided to sale the house to other and given money to them but still we have problem…………………………………..after getting job and try to take home loan to get back my home because I am interested”
Was the house left by your father sold at all?
The house left by your father could be sold by consent of all ClassI legal heirs.
Did our brother sign his consent to sale? If yes, did he collect his share/sign having collected his share?
If yes, show it to his wife.
What are these problems that you still had/have after selling the house owned by father: some pending debt?
If you are interested to buy the sold house by availing home loan then it shall be your estate/property. Check your (Govt) service rules regarding loan/home loan and ensure compliance, before proceeding to apply for loan. If rules and procedure permit then comply and proceed, as per rules and procedure.
If the house was not sold at all then why do you need to take home loan……………………………..and how can you avail loan to but it?
Have lenders/creditors staked charge on the house/got charge of the house?
Kumar Doab
(Expert) 05 April 2017
“after that my father job was given to me that saying that u have to pay remaining amount my brother did not involved in this matter because he is already ………………………….”
What exactly do you mean by’ my brother did not involved in this matter because he is already ………………………… however Iam unable to pay that amount .....after slowly Iam continued paying after getting job?”
Your family members must have signed some document in your favor so that you could get compassionate employment.
There might be some document/rule that you will support/take care of family (mother, wife, sons, daughters) of deceased govt employee (your father)!
Was any agreement signed that you will pay the entire debt of your father?
Do you have irrefutable evidence of having paid (part) of the debt?
If yes, show it to wife of your deceased brother!
Kumar Doab
(Expert) 05 April 2017
“we all together for almost 3 year suddenly my brother died in road accident ....my brother wife claim for property “
If your brother has not left any valid WILL then as already posted:
His property shall be equally shared by ClassI legal heir’s i.e; Mother (as per your post she is alive), wife (as per your post she is alive), sons and daughters………………..
Kumar Doab
(Expert) 05 April 2017
“And she claim her gold house articles etc on me & my mother”
If it is a fact return under proper acknowledgment in the presence of unshakable witnesses.
“Iam also got married my financial position is also difficult to servive paying loan and pay little dispute left my father and remaining think”
The debt if any left by deceased father can be fastened on estate left by him e.g; house and can be recovered from it. If any balance is left after paying debt that is to equally shared by all ClassI legal heirs. {The share of deceased brother shall equally vest in his ClassI legal heirs as already explained.}
Refer: The Hindu Succession (Amendment) Act, 2005: The sons are not liable to pay debt of father.
Wife is not liable to pay debt of husband.
Until or unless they have signed as Co-Borrower, Guarantor.
Kumar Doab
(Expert) 05 April 2017
“anyone can clarify my brother wife has a right to claim on me”
If any her estate, streedhan is with you she can.
“she has taken house key”
She can take portion of the house, if any is hers.
Who has how much share or portion or what, is to be decided by you by referring to facts of the matter that you have not fully disclosed.
Kumar Doab
(Expert) 05 April 2017
“that is my own property.’
Which property is your own propertycand how?
If your bhahi has taken key of your property then you can proceed against her.
You are a govt. servant.
Pursue your service rules, conduct and discipline rules, carefully.
You will get right answers.
Mr. Sudhri Kumar has drawn your attention to some of these.
Amicable settlement (Registered Family agreement) on fair terms is best option.
Sudhir Kumar, Advocate
(Expert) 05 April 2017
first of all get rid of the gold of your brother's widow you have captured.
