Brother cheating other family members of share in property
Querist :
Anonymous
(Querist) 16 February 2020
This query is : Resolved
My father retired from Railways and purchased a piece of land which he registered in the name of his wife and younger son. Subsequently the younger son got the share also transferred to his name. My elder brother and two younger sisters were not informed nor any share given. Now Younger brother is solely enjoying the property worth more than a crore. The property was registered in the name of mother and it was not a self acquired property as my mother was a house wife. Kindly advise whether we can approach court to get our due share in the property.
Raj Kumar Makkad
(Expert) 16 February 2020
You have not mentioned whether your mother is alive or has died and further whether the share of your mother after her demise (if yes) has been got transferred in the name of your brother or during her life-time she transferred her share.
Reply these relevant questions first.
Sudhir Kumar, Advocate
(Expert) 17 February 2020
vital facts will be needed as commented by Shri Makkar.
However the suggestions /comments can be made on the given facts as understood, as under.
Sudhir Kumar, Advocate
(Expert) 17 February 2020
My father retired from Railways and purchased a piece of land which he registered in the name of his wife and younger son.
THIS ITSELF INDICATES THAT FATHER WAS HAVING SOFT CORNER FOR HIM.
Sudhir Kumar, Advocate
(Expert) 17 February 2020
Subsequently the younger son got the share also transferred to his name.
IT IS THAT THE FATHER TRANSFERRED PROPERTY TO HIM IT CANNOT BE ARGUED THAT HE GOT IT TRANSFERRED. FATHER CAN TRANSFER PROPERTY WHICH IS HIS SELF EARNED.
Sudhir Kumar, Advocate
(Expert) 17 February 2020
My elder brother and two younger sisters were not informed nor any share given. Now Younger brother is solely enjoying the property worth more than a crore.
GIVE FACTS INDICATE THAT HE SOLE ANS LAWFUL OWNER OF THE PROPERTY.
Sudhir Kumar, Advocate
(Expert) 17 February 2020
The property was registered in the name of mother and it was not a self acquired property as my mother was a house wife.
IT WAS SELF ACQUIRED BY HER HUSBAND.
Sudhir Kumar, Advocate
(Expert) 17 February 2020
Kindly advise whether we can approach court to get our due share in the property.
YES YOU CAN
YOU HAVE NOT INDICATED :-
(I) WHETHER MOTHER IS ALIVE
(ii) WHETHER FATHER IS ALIVE?
(iii) WHETHER MOTHER IS ALIVE?
(III) WHEN TRANSFER TOOK PLACE?
HOW WAS BROTHER INTRUMENTAL IN INFLUENCING THE TRNASFER?
Raj Kumar Makkad
(Expert) 17 February 2020
Mr Sudhir! Your first and thir d questions are same.
Raj Kumar Makkad
(Expert) 17 February 2020
It seems author has still not read the replies to his query.
Raj Kumar Makkad
(Expert) 17 February 2020
It seems that the aim of some of the authors is just to raise the query and thereafter never care for the replies whereas the experts try their best to address the queries very well.
Guest
(Expert) 17 February 2020
Every Expert could reply the Querist/Author of the Query in his own Style and Wish and even by repeating that is their own Right
Guest
(Expert) 17 February 2020
Makkad need not worry about it and need not make comments on other Expert to prove his intelligence obviously fake
Guest
(Expert) 17 February 2020
Author posted his query whether makkad expects him to contact him. This is an Honorary Forum and no business promotion would be allowed here please
Querist :
Anonymous
(Querist) 17 February 2020
With regard to the queries I submit the following
Father has two sons and two daughters
He retired from service and bought a piece of land.
Land was registered in mother and younger son name.
Father died intestate.
Mother transferred her share also in favour of younger son and the tranfer sale deed was registered.
Mother expired.
Elder son and two daughters are staking claim for share in mothers property.
Younger son is stating that the property is registered in his name and will not give any share.
Can the elder son and daughters approach court for their share?
Raj Kumar Makkad
(Expert) 17 February 2020
In the light of given facts, I am of the firm opinion that elder son and daughters of deceased are not entitled for any share in the said property.
Raj Kumar Makkad
(Expert) 17 February 2020
The property shall be regarded as self acquired of the elder son even though the money for the sale of his share was incurred by father and the share of the mother was voluntarily transferred in his favour.
Raj Kumar Makkad
(Expert) 17 February 2020
This is not a case where the said property was purchased from the income of joint hindu family rather the original sale-deed was got registered equally in favour of wife and elder son of the deceased.
Raj Kumar Makkad
(Expert) 17 February 2020
Legally younger son of deceased is not liable to share his property with his brother and sisters as the entire property as per law is his self acquired.
Raj Kumar Makkad
(Expert) 17 February 2020
There shall not be any use to claim share in the said property as a matter of right, however, if mutually family comes to any amicable settlement then the situation shall be otherwise.
Raj Kumar Makkad
(Expert) 17 February 2020
Author never need to contact me personally except posting his query here as I am always available to attend their queries which I am doing since 2009 continuously except for a smaller period of about 1 year and 8 months
Raj Kumar Makkad
(Expert) 17 February 2020
Otherwise also being Sr. Law Officer of State of Haryana in High Court of Punjab & Haryana at Chandigarh, I am not permitted to do private practice and I am supposed to devote my duty perido only for the State,
Raj Kumar Makkad
(Expert) 17 February 2020
It is not understood, why a particular expert has no other job but to appear occasionally, increase the threads on one query not on the subject but just reacting on my replies. God provide him courage to do so as to make him enhance more threads than him in the same query.
Raj Kumar Makkad
(Expert) 17 February 2020
After all I am learner and following whatever my 'Seniors' teach me. Every action has its reaction.
Raj Kumar Makkad
(Expert) 18 February 2020
The heading of the query "Brother cheating......" is not correct as your brother has not cheated you rather he succeeded in getting the blessings of your parents which you missed. This is the reward to your younger brother by your parents which never can be treated as cheating.
Dr J C Vashista
(Expert) 18 February 2020
Vital and relevant information is missing from the post, hence can not lead to form proper opinion and oblige.
Dr J C Vashista
(Expert) 18 February 2020
It is advisable to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding.
T. Kalaiselvan, Advocate
(Expert) 22 February 2020
The father with his intention to give his wife nd the younger son alone the benefit had actually purchased the proeprty on their names.
The father who had retired from service was very well an experienced person with good amount of wisdom and was pretty well in the knowledge of what he was doing by buying this property on only two names ignoring the fact of the existent of his other children.
Thus there is no chance of any fraud played on the father by pressurizing him to buy the property only on those two names.
In the given situation the purchase cannot be said to abe an act of cheating played by those two beneficiaries on the father.
Therefor there is no illegality in buying the property on his wife and the younger son's name.
By this they become the absolute owner with clear and marketable title on their names.
If their title is not disputed then nobody can claim any share in the property as a right for whatever reason they may rely upon.
Thus the property lying on the names of son and the mother can be conveniently confirmed that it it is their self acquired and absolute property.
