Dear Sir/Mam
My grandfather had 4 sons. He died in 1994. He did not have any will. He left behind a shop and a house for 4 brothers and a wife. In 2002, one of the brothers moved out of the family. Other 3 brothers helped him with money and other resources to set up his home and business in new city. But as everthing happened out of love, no legal documents were signed by the brother who was moving out that he has taken his share in the property and will not claim in future. In 2005, the other 3 brothers gave an affidavit in municipal commuity to tranfer the shop and the house in my grandmothers name. House tax started coming in name of my grandmother. In 2006, my grandmother tranferred the shop to my mother (who is wife of eldest brothe shother). So, a registry happened in my mother's name. Now, in 2013, the brother who moved out has filled a case against the 3 brothers and my grandmother to get 20% share in shop and the house which my grandfather left. The shop is registered in my mother's name.
I want to know, can the case filling brother claim a share in the shop which is in my mother's name?
My father does not have anything in his name out of the ancestral property. So, is he still liable to give something to his brother when he even did not get anything in his name out of the ancestral property because his wife had the ancestral property to her name?
Regards
Amit
