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?
