Property Settlement

Querist : Anonymous (Querist) 20 May 2011 This query is : Resolved
We are four Brothers.My mother has died one year ago and there is a property of 200 yard house. Out of 200 yard 80 yard is registered in the name of my elder brother and remaining 120 is still on my mother name. My Elder brother has cheated me by registered 80 yard in his wife name somewhere 20 years back. This was purchased by the sale of a shop of the family. Now he claims that he has 80 yard +30 yard = 70 yard and remaining will be distributed. Please also note there is no separate division of his registered 80 yard. All 200 yard is Build up Area and approx 50 yard to divided by my brother to every son. My elder brother is not living at this property and we are living from last 30 years and all electricity bill, passport, ration card is on this address. Can we claim 50 yard in the court and Court will accept this.

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Kirti Kar Tripathi (Expert) 20 May 2011
In the present query, It is evident that 8o yard is in the name of your's brother wife. Under the law, she is exclusive owner of this property. As remaining property i.e. 120 yard to which your mother was owner will be equally divided amongst all her legal heirs. Since your elder brother is also one of her legal heir, he will get equally in this property too. You can not claim share in the property of his wife.