ancestral property dispute

The dispute is between two Hindu brothers regarding an ancestral property. They are both currently living in the property with their families. The plot on which the property is built is solely in the name of the elder brother. The house was built by their parents using the funds from their old house and their own earnings. Their father is no longer alive, however, their mother is and she is also living in this property with the younger brother.


The elder brother is currently in the process of building a new house for himself and his family. He is also however, demanding that the younger brother moves out of the ancestral house with his family and elderly mother as he wishes to sell it. Their mother does not wish for the ancestral house to be sold. She wishes that the house be divided equally between all four of her children. The younger uncle also wishes for this.


1. If the plot on which the property is built is solely in the name of one brother, do the other siblings still have a right to claim a share in the house?


2. Is it possible for the house to be divided between all the siblings as per their mother’s wish?


3. Does their mother have a right over the elder brother even though the house is in his name as she is the surviving spouse and she also contributed financially to purchasing the house?


Kindly mention whether the Land is purchased by the Elder Brother using his own funds or inherited?


Thank you Sir for replying.

The land was inherited by the elder brother. He did not contribute financially at all.  It was purchased by his parents as was the house which is built on the land.  His father, before he died, transferred the plot of land in the name of his eldest two sons. The eldest of these two however, forced the other to sign over his half and gave him Rs. 20000 to do so. Therefore, it is now soley in the name of one brother.




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