flawlessking (programmer) 06 November 2019

Claiming Property from brother

1. We are 2 brothers, The property is on my brother's name which was funded by our father with his retirement money in 1991. with a verbal agreement of equal distribution amongst us. In 2009 our father died intestate. And my brother is denying my half share.

2. The property was bought in 1991, it was chawl rooms then. It was a cash transaction and I don't have any documents. May be stamp paper was made at that time but my brother have disposed/hid it.

3. My sister's and brother in law's are witness to this deal, and many other cousins and they are all in my favour.

How can I claim my share? I know my father has made a blunder but back then it was done with a good intentions and my brother too was 100% ok with it. Things have changed and he has become greedy.

What are my rights ??

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4 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 07 November 2019

Difficult case as you don't have any evidence in your favour and the property has been in your brother's name all along. Only remedy could be calling family elders and placing the matter before them with you Sister and brother in law explaining the actual podition. Elders may find a solution provided your brother is amenable.

G.L.N. Prasad (Retired employee.) 07 November 2019

If your brother is adamant, contact a local advocate and issue a notice for partition, and get injunction order and file a partition suit. The income of your brother, his savings, the cost of the asset, possession, and utilization after such purchase and several material facts are required to show that it is a joint family property. Your advocate can guide you. The burden of proof that it is his self-acquired property rests on your brother and the general presumption is that every property acquired when living together is a joint family.

flawlessking (programmer) 07 November 2019

My mother also died Intestate in year 2009, as I said my brother played really well until their death, also he had confessed many times in front of all that the property belongs to both of us, but now that he know that the property belongs to him and there is no will his statments changed and denying the fact that the property is funded by my father.