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MUKESH K MOHAN (MANAGER)     08 July 2010

CAN MY FATHER GIVE THE ENTIRE PROPERTY TO MY BROTHER ALONE ?

Dear Sir,

A Housing Plot was bought by my father in my mother's name. My mother was also employed at that time. We are three children (2 Sons and 1 daughter) I am the second son. After my brother and me started earning, the house was further developed by availing a Housing Loan, for the first time, from a Local Co-operative Society (by mortgaging the land) and by taking into account my brother and my income and we both stood as guarantors (both government employed). There was no regular income for my father. After my mother expired, the property was transferred in my father's name with the written consent of all three of us as we are the legal heirs and necessary documents were submitted to the Housing Society for transferring the property in my father's name. We both were financially supporting my father in the repayment of EMI on the housing loan. Now due to some misunderstanding, my father dislike me and is in full support with my elder brother and his family. My father and my brother's family stay in that house. My wife is employed and we have build a separate house by availing a housing loan from a Bank.  So my father feels that I am well to do and need not be given any share to me and my sister who also has her own house built by virtue of her employment.  My father and my elder brother totally avoid me on the fear that I would claim a share in the property.  I had shed my blood during my young age to construct that house and to bring up my family as a whole. But the situation is changed entirely after my mother's demise. I have one son and  one daughter.

My question is :

1. Can my father give the entire property to my elder brother without any share to me and my sister ? 

2. Am I and my sister eligible for a share in the property ?

3. If so, please advise me how do I proceed to get the share of  the property ?

 



Learning

 17 Replies

Bharatkumar (ADVOCATE )     08 July 2010

Ans. (1) No, your father not give any share entire property to your brother without your permission.

Ans. (2) Yes.

Ans. (3) U go to civil court for civil suit.

But u all are family members and u r well-set in your life so, u forget this and give your right (share) in your brother favour because reletion is most important in our life. don't mind this is my personal advise.

Padmanabhan S (Sr. Branch Manager)     08 July 2010

When all three of you have transferred the property in the name of your father, he would naturally be the absolute owner of that property. He can dispose it of in the manner he likes. Be it a sale deed or a gift deed that you three executed for conveying the property to him, now none of you can question it. The principle behind it is that you cannot reclaim a property that you either gifted or sold out, unless the present owner gives it to you on his own.

I am sure that this is the legal position involved. But, to prolong the issue, you can consult a lawyer. There are a dime a dozen who would do that for you, provided you pay them consistently and unceasingly to continue the litigation without a verdict. But, my advice is that you had better avoid it and ensure a piece of mind for yourself. If you really have a righteous indignation, keep your anger apart, talk to your father and siblings and go for a counselling. May be, better counselling prevails.

raj kumar ji (LAW STUDENT )     08 July 2010

dear bharat plz understand the process ,the owner dispose his property as he wish ,i am not agree with u sryyyyyyyyyyyyyyy,

padmanabhan s sir  says right i agree with him only .

MUKESH K MOHAN (MANAGER)     08 July 2010

Sir, after my mother's demise I had given the written consent in the prescribed format as required by the Coperative Society only to regularise the repayment of loan amount. When even a society insist for a guarantor from the children, in the same way our legal system should also insist willingness from the other legal heirs when the property is sold or transferred to somebody even though the person to whom it is transferred is also one of the legal heir, i believe. Secondly is my son who is  the grandson to my father has the right to claim the property.

raj kumar ji (LAW STUDENT )     08 July 2010

NO THERE IS NO CLAIM BY ANY ONE ?

R.Ramachandran (Advocate)     08 July 2010

Dear Mr. Mukesh,

The legal position stated by Mr. S.Padmanabhan is correct.  This legal position will hold water only if the "Relinquishment Deed" (i.e. giving up your interest in the property left by your deceased mother), in favour of your father was executed in proper Stamp Paper and Registered under Section 17 of the Registration Act, 1908.  In which case, your father is the absolute owner of the property and he can dispose of the same in any manner as he likes - including gifting away the entire property to your elder brother.  No one can object.

If however,  the "Relinquishment Deed" was not Registered under Section 17 of the Registration Act, 1908,  your father cannot claim absolute ownership of the property.  Those who have not executed Registered Relinquishment Deed can certainly claim their share.

 

 

MUKESH K MOHAN (MANAGER)     08 July 2010

To Mr.Ramachandran

Sir, Thank you for the reply.  No "Relinquishment Deed" was executed and registered.  It was only a consent given in a format to the Cooperative Society to regularise loan repayment and for further correspondece on the Loan Account by the Society. Thank you once again.

MUKESH K MOHAN (MANAGER)     08 July 2010

I THANK EACH AND EVERYONE FOR THEIR VALUABLE ADVICE.

Adv. G.Narayan ( Advocate & Legal Consultant)     08 July 2010

Dear  Mohan!

Was the consent given by you to the concerned Housing Society  in your individual capacity or in the form of a Deed of Family Arrangements. Because a deed of family arrangement doesn't require registration U/S 17 of The Registration Act ,1908. Supreme Court has made quite a few judgement on it in the recent past. If your consent was  not in the form of Family Arrangement, then you have  a chance to claim your share as one of the legal heirs of your mother.

Bobby Mani T (Lawyer)     09 July 2010

though you father bougt the land, it is in your mother's name and she is the absolute owner fo the sai dproperty, the mother's demise made all three of you joint owners, but if you have validly transfered your right by a relinquisment deed, your right over that propery will be extinguished.  The crucial question is whereter you had executed a valid religuisment deed ? or is it just a concent letter to regularise matters in the housing department.  In every possibility these things have to be probed into by a comoetent civil court.

vivek dhavalikar (advocate high court.)     20 July 2010

file partition suit  to establish claim over the property . then only u can have what u want.

Padmanabhan S (Sr. Branch Manager)     20 July 2010

It seems you are getting more advices than necessary, by not disclosing the facts. This will lead you nowhere unless you are yourself an expert in legal matters and testing the intelligence of others on this site.

Padmanabhan

varun aggarwal (Advocate)     23 July 2010

My dear brother, after the death of ur mother u along with ur father, brother and sister became the the coowner to the extent of 1/4 share. so u enjoys the 1/4 share in the house property. Merely by transferring the name in the society's register your father has not become the sole owner of the house property. As per law an Share in the property can only be transferred or an interest in the property can only be created by way of sale deed, will, gifting, or by executing the relinquishment deed which docc. are compulsoraly require registration except the ' will ' which takes the effect after the death of the executant. So u are the full fledged owner of the house to the extent of ur share. i hope u are clear.
                           Now adverting to the last ques. i would suggest u to refrain from filling any suit if ur in possession of the house because in civil litigation it is always better to defend rather tooffend. If not then File Suit for Declaration agaist ur father and other legal heirs of ur mother

varun aggarwal (Advocate)     23 July 2010

My dear brother, after the death of ur mother u along with ur father, brother and sister became the the coowner to the extent of 1/4 share. so u enjoys the 1/4 share in the house property. Merely by transferring the name in the society's register your father has not become the sole owner of the house property. As per law an Share in the property can only be transferred or an interest in the property can only be created by way of sale deed, will, gifting, or by executing the relinquishment deed which docc. are compulsoraly require registration except the ' will ' which takes the effect after the death of the executant. So u are the full fledged owner of the house to the extent of ur share. i hope u are clear.
                           Now adverting to the last ques. i would suggest u to refrain from filling any suit if ur in possession of the house because in civil litigation it is always better to defend rather tooffend. If not then File Suit for Declaration  and partition agaist ur father and other legal heirs of ur mother


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