Partition of property between brother and sister

Querist : Anonymous (Querist) 14 May 2010 This query is : Resolved
Dear Sirs,

My mother has a self earned property (Small house). There was around 1.50 lakhs debt in her name which me and my husband cleared. Hence my mom told that me and my brother has equal rights in her property. I was living in rented house and my brother alongwith his wife were living in my mom's house. But my mom is living with me. At this time my mom told me instead of wasting rental payments she told me that we can go and stay in her own house. So I spent around 4 lacs again and divided the property into two, one for me and one for my brother. But now too my mother is living with me. The property was still in my mother's name. At this point of time, my brother is asking for the house document to pledge and he wants to start business in his name. I was totally refusing this as the document was common and it was is my moms name. So I asked my mom to divide the property in each of us name and from that let him do whatever he wants. But my mother is not willing to do so now as she knows defenetly my brother will destroy the property. My brother has not spent even a penny to this house. I am in a confused state as I were losing my money also my rights. Please advice me.

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Kiran Kumar (Expert) 14 May 2010
for the time being you can not compel your mom to partition the property as she is still alive and it is her self earned property.

better save the documents from your brother and dont let your mother be influenced by your brother's tricks.

no legal remedy otherwise to save your interest at this stage.

Raj Kumar Makkad (Expert) 14 May 2010
i have similar opinion as of both experts.

bhagwat patil (Expert) 15 May 2010
To protect the property register the saledeed the entire property to your name. the consideration is already paid by u ie.1.5 + 4 lc.It will restrain your brother from sabotage the title.

Querist : Anonymous (Querist) 17 May 2010
I thank all of you for your responses. Please clear me one more doubt. Is it possible to wirte a will by my mother dividing the property into two and while her lifetime me and my bother dont have any right to sell or pledge the document without her signature. This may help me to save my side I think. or else please give me a better solution to safeguard my portion of the house without healing anybody. Thanks in advance.

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