Satish Kumar (None) 13 February 2018

Property dispute

When we (brother and I) started working, we gave money to our father that was more than 20 years back. My father invested the money in properties. My Father has properties of his own. Now that our children are growing we needed the money, we asked him but he is reluctantly giving us back. My Father and I agreed to a certain amount and he arranged money for me. My brother is claiming he sent more than I did so he wanted lot more amount of money (that is fair, since he is saying he gave more money than me) but there is a huge gap in the amount between what my brother is claiming and what my father is agreeing to, my father is saying that he already returned some money in cash to my brother. They are not agreeing on anything to settle.

I asked my brother to settle the issue with my father but he is saying, he is no longer interested but will wait until demise of my father and will claim money from the inheritance. I was never a witness to the monetary transactions between my father and my brother, some transactions are in cash. If my father is no longer there then my brother's word will be final. The amount of money (principal + interest) he is now claiming will cover all the properties my father and investment properties.

Assuming my father gives 50% of his own properties to each of us. Can my brother claim my share also to cover my father’s debt ?.

Thanks for any information you may provide.

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5 Replies

Kumar Doab (FIN) 13 February 2018

It is believed that all involved are Hindu and Hindu Succession laws/rules shall apply in this case. Confirm!

Kumar Doab (FIN) 13 February 2018

For your academic interest;

The nature of property that is purchase from self earned funds and that devolves by say; inheritance, WILL, partition is; self acquired.

The owner can dispose his/her self acquired property in his/her lifetime in favor of anyone…….even a stranger…. by a valid/registered deed.

Do you, your brother have any evidence that money sent to father was to be invested in property in your names?

Children are required to maintain parents and money sent cold be for household expenses, gift, maintenance!

In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……….. The share in ancestral property devolves upon his legal heirs.

In case of Hindu woman the nature and source of property matters.

In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..

If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.

If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband. The property from mother’s side is not ancestral.

You can determine the share of each legal heir accordingly.

Kumar Doab (FIN) 13 February 2018

The process and procedure to get share updated in mutation records is simple.

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.

The authority shall update share as per provisions of personal law that applies in mutation records.

By the updated mutation records the legal heir(s) attain rights equal to that of owner and can enjoy/dispose the property/share like owner. The only thing remains is partition by boundaries. That can be achieved either amicably or thru court.

If legal heirs want they can enter into Registered Family settlement deed and end all disputes.

All legal heirs can proceed as deemed fit and suitable..