Son mentally harassing mother for share/partition

Guest (Querist) 19 March 2013 This query is : Resolved
I'm writing this on behalf of my friend who is the elder son in the family. His only younger brother, aged 35, is mentally harassing his mother to get their home partitioned or get equivalent amount in cash. His father is not in good terms with his mother and he is living in another house which is owned by him.

His mother, aged 65, is housewife and the plot was bought in her name in 1982. Later, in 1983, house was also constructed in her name. All documents are in her name and she is paying the taxes also. For the purchase of the plot and construction of the house his mother used the amount she got from her mother and his father also invested money.

Now the younger brother is asking for share claiming that his father has invested money and so he deserves 1/4 th share of the property. Father is also supporting him to create more problems to mother. Mother has already gifted a portion of land to elder son through gift deed. She wants to keep the house & remaining land in her own name and do as per her wish.

The key points are summarized below:

1) Wife was jobless living in india, and husband was working outside india.

2) wife purchased land in 1982 on her own name using her and husband's money. (no direct evidence for source of money)

3) One house was constructed in the same plot in 1983 in her name

4) Husband came back to india in 1994 and purchased new house in another location and moved to it.

5) At present mother is living with her younger and elder son.

6) Now, younger son is mentally harassing her for partition with the support of father claiming he deserves 1/4 th share as his father also invested in it.

7) Mother wants to get younger son vacated from house as he has become a big problem. He has also beaten some relatives to tried to solve the issue.

So, is it true that he deserves 1/4 th share?

Can mother get vacated him from house by court order / police?

Can he claim residential rights in this house against mother's wish?

Do benami act have any implications in this issue?

Please advise.

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Adv k . mahesh (Expert) 19 March 2013
she has full rights to gift and write will on any of the sons

prabhakar singh (Expert) 19 March 2013
Q.So, is it true that he deserves 1/4 th share?

A. NO!

Q.Can mother get vacated him from house by court order / police?

A.YES!

Q.Can he claim residential rights in this house against mother's wish?

A. NO!

Q.Do benami act have any implications in this issue?

A. NO!

MOTHER HAS ABSOLUTE RIGHT OF TRANSFER WITH REGARD TO THIS PROPERTY.SHE CAN SALE, GIFT,
EXCHANGE OR WILL IT TO ANY BODY OF HER CHOICE.

ONLY WHEN SHE DIES INTESTATE IF HER HUSBAND AND THESE YOUNGER AND ELDER SONS WOULD INHERIT IN EQUAL.

Anirudh (Expert) 19 March 2013
THE ONLY CONCERN/DOUBT THAT I HAVE IS WHETHER YOUR FRIEND IN ORDER TO GET THE ENTIRE PROPERTY IN HIS NAME IS TRYING TO OUST HIS YOUNGER BROTHER!

ajay sethi (Expert) 19 March 2013
agree with parbhakarsinghji mother is absolute owner of said property .

Guest (Querist) 19 March 2013
@Anirudh
My friend has no such motive. He is not against his mother writing a will giving the share. But his brother is not ready to agree, he wants to get the property in his own name.