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kevin (sales man)     31 December 2010

MY SHARE IN PROPERTY

Dear Sir,

I work abroad and in the past years i had sent my savings every 3 months to my dad and brother in india. My dad and brother bought  a house worth 9 lakhs. They took approximately 5 lakhs  from  my savings and invested their own 4 lakhs to pay for he house of 9 lakhs. Later after a couple of years they sold it for 13 lakhs and decided to get a bigger one worth 27 lakhs. So again i sent them 2 lakhs plus they got 13 lakhs from the old house and  they invested the their own 12 lakhs to buy the 27 lakh house.

The property is registered just in their name and my name is not there as i work  abroad. And the current value of property is 80 lakhs. Now my brother says i dont have a share in that  and also says  i just helped him a bit

I dont want to disturb my father  as he is a heart patient now. 

Do i have a share in this property , If yes what will be my percentage of share.

 

Please advise

 

Kevin    



 5 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     01 January 2011

If you want not to disturb your father, better call for a discussion with all family members. 

bhagwat patil (Property due diligence 9422773303)     01 January 2011

After your father you will get 1/2 ie 1/4 of total property.in his lifetime you have no right ,as you dont want to disturb your father all legal ways are closed to you secondly it very difficult to to proove your shrare,only you can ask for the amount you have spent,that is also difficult, thirdly rise in the value of the proprty in India resulted rise in socalled your share it the total act of yor father and brother you cannot claim it. best way dont spoil the family relations for some amount that also illusive.

1 Like

kevin (sales man)     01 January 2011

Dear Bhagwat patil,

 Am i entitled to get 1/4 of total property after my father???? Is it  right on my part to claim 1/4 of property

after my father. My brother had mentioned earlier that i should get nothing even  after my father.

Is he right ???should i forget my share in this property??? i dont want to spoil family relations

please advise should i claim my1/4 share after my father or should i leave it for my brother to enjoy the whole thing.

just need right advise

 

kevin 

shiv mohan gulati (member)     02 January 2011

It is a matter of dispute. In case you want to claim the share in the property purchased by your father and brother, then you will have to either go in for negotiations with your father and brother and pressurize them for providing you the share in the property according to your contributions or in the alternative you can ask for return of the amount sent by you from abroad alongwith interest thereon.  It may that in case you ask for return of the money sent by you  to your father and brother, then they might agree to provide you a share in the property.  It at all they are not ready to provide you share and return the money, then you can go in for criminal action for breach of trust and misappropriation of your funds, which were lying with them in trust.

 

S. M. GULATI, ADVOCATE

Tarun Sharma (EMPLOYEE)     11 January 2011

 

Dear All, I have a query abt Daughter's right in Grand Father's Property?

My self is Tarun Sharma s/o of Sh. R.K. Sharma s/o Sh. Bhim Sen Sharma. I just want to know that, is there any right of my married sister of grandfather made property. My grandfather (Sh. Bhim Sen Sharma) has died on 15 jan 2005. My grandfather has three son (my father - Sh. R.K. Sharma & two uncle). Before my grandfather died, he transfered the property to all their three sons equally & made Power of Attorney to all their three sons. I have One Brother & One Married Sister. Now the question is, my married sister can claim property share on my fathers property now? My father & Mother are alive. But my parents doesn't wants to share the property with my sister. Now, can she claim the property rights / share or demand of property?

please reply as soon as possible....


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