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VENUGOPAL (NA)     25 May 2020

Equal share in property

Hi Sir / Madam,

One of my friend has father, mother and two brothers.  My friend is the elder one (assume as " A " )

His father got retired from government office and he is getting pension.

Elder son (i.e. My friend - A) is working as a Pvt Employee.  He is staying in Hyderabad and he has two daughters, both are studying.

First brother (assume as " B " ) is not working any where and his father is giving Rs.12,000/- per month for his expenses sonce 1.5 years.  He is staying at Ground floor of his father's house and no rent is paying. He has two sons and both are studying'.

Last brother (younger one - assume as " C " ) is working as a Pvt Employee.  He is staying in Hyderabad and he has one son and one daughter, both are studying.

Father Propety details : 

He has only one house, having G + 1 (i.e. Ground and First Floor). 

First floor having two portions, in one portion parents are staying and another one given for rent.

Ground floor having three portions, in one portion his first brother ( B ) is statying and another two given for rent. All rents are collected by parents only.

My friend ( A ) is residing in own house at Hyderabad, purchased by his father in 2005 and registered on my friend's wife name, which is worth of Rs.7,25,000/- at that time.

First Brother ( B ) is receiving Rs.12,000/ in every month from his father since 1.5 years, who is not working anywhere due to health issues.  His father is paying school fee for one of first brother's ( B ) son since more than 4 years.

Younger Brother ( C ) is receiving Rs.8,000/- in every month from his father from past 1 year.  He is staying at Hyderabad in rented house.

As of now father has not partitioner his property and even he is not showing interest to partition the property till his death.

Apart for the above, B & C (both brothers) have their own dowry, which they received from their uncle when their marriage.  But, dowry of " A " (My friend)  Rs. 2 laks, kept at his father since 1999.  His father stated that Hyderabad own house was made (in year 2005) with dowry of "A"  Rs.2 lakhs and his (father's) money. 

In every time, my friend's parents are stating that Hyderbad own house is for my friend ( A ) and Village house first floor for his second son ( B ) and ground floor for his younger son ( C ).  But wives of B & C are telling to others that they want share from Hyderabad own house. Is it possible to get share from Hyderabad house, as it was registered under my friend's wife.

As per my friend's ( A ) version, he lost so much, as he is not having his dowry and no property is coming from his father.

Considering all the above, how properties can be shared after the death of his father. 

Please advise.

 

 



Learning

 1 Replies

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB)     28 May 2020

If the Hyderabad house is registered in the name of your friend's wife,then other brothers can't claim the same and moreover the Hyderabad house is not the ancestral property of your friend's father. 

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