Property issue

Harvinder Singh (Querist) 19 April 2023 This query is : Resolved
I have a property in Jalandhar, Punjab. It was originally purchased by my grandfather, he has 4 son, then the property was divided into 4 parts.
My father has 3 sons and both of my parents are dead and we want to divide the property equally.
My father died in 2004 and my mother in 2022. I was leaving in Delhi and Mumbai all these years for job.
My brother’s was staying in the property and looking after my mother All these days majorly.

Now we want to divide it in equal parts. Can my brother ask for more share as they were looking after the property and my mother all these years.

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You are legally entitled to an equal share of your father's property in Jalandhar, regardless of whether your brothers stayed and cared for your mother. Their claim for an extra share based on this care is not legally valid. While you can mutually agree to unequal shares, if an amicable partition isn't possible, you can file a suit for partition to secure your legitimate share.

T. Kalaiselvan, Advocate (Expert) 19 April 2023
You are entitled to an equal share out of your father's share in the property.
your brother's demand for extra share is not legally valid for whatever reason he may claim this extra share.
you can refuse and if there are no symptoms for an amicable partition among the siblings, then the aggrieved person can approach court with a suit for partition and separate possession of his/her legitimate share in the property

kavksatyanarayana (Expert) 19 April 2023
Yes. Legally all your siblings if sisters are there, have an equal share in your father's share. You can claim it and if necessary can go to file a partition suit. But you all decide to give some extra share i.e. you mutually agree to unequal shares you may do that.

P. Venu (Expert) 20 April 2023
Every child has equal share including sisters, if any. Your brother has no special claim or right, but it is open to the siblings to make concessions that he has been the one who had taken care of the mother at her old age.

Advocate Bhartesh goyal (Expert) 20 April 2023
No, legally your brother can't claim extra share in property on account of taken care of your mother, it is not only moral but also legal duty of children to take care of their old parents.You all siblings are legally entitled to get equal share and rights in property left by your father.

Dr J C Vashista (Expert) 21 April 2023
Very well analysed, opined and advised by experts, I agree.

Harvinder Singh (Querist) 21 April 2023
You advice was really helpful.
Thanks

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