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Rajeev Rao Gautam (SSE)     13 August 2010

Need a help on Property dispute

Hi Chirag,

This is Rajeev I would like to share my problem with you. We have two property one is in favour of my father (fully owned occupied and self made) and another one is in favour of my mother (fully own occupied and transfer by my Nanaji and Naniji i.e. Parental property). We are two brother and 4 sisters. My elder brother is not too good. He wants to take full property share from my father’s property and wants to take 50% share from my mother’s property. Even my father already sold first property and purchase new property in different location and made WILL in favour my brother and my brother’s wife. I don’t know the location of new property. My father already disown from whole property. But my mother is in favour of me and she made WILL in favour of me (25% share) and my 3 sisters (25% each).  Also she is ready to make Gift deed in favour of me. I have no issue with my mother. But I have doubt with my father and my brother. Every day my brother gives me threat I will not give you whole property of mother. If you want u can taken 50% share from mother’s property? My mother dislikes my brother’s attitude. She says u can take only one property either u can from my side or from your father’s side. One more thing he is staying on my mother’s property from last 10 years and he does not want leave that.

So I would like to know how I can overcome form this problem as I am professional and I have not much more time to making unavoidable circumstance for my brother. But he is ready to provide me lot of problem. Can my brother claim my mother’s property?

Please suggest..


Rajeev Gautam      


 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     13 August 2010

Thought your mother have inherited the property form her parents, it is her absolute property and she can dispose it in the way she likes.  She can validly make a WILL and dispose of her property as per her wish. In the absence of any WILL,  the property shall devolve upon all the legal heirs.

1 Like

Adv Archana Deshmukh (Practicing Advocate)     13 August 2010

If your mother have made a valid will and does not revoke during her lifetime, you'll get the share alloted to you in it.

1 Like

Jolly Shah (Practising Lawyer - Gujarat High Court)     14 August 2010

Dear Rajeev

As per Hindu Law and Property Act, Inheritance comes like this.

Your father's absolute property (self acquired and not inherited) has right attached and devolved with its owner (your father) and owner can dispose of in any manner he likes. In this case, your father has made WILL in the favour of your elder brother. so your elder brother has a valid right over the property.

As far as the property of your mother is considered, WILL prepared by your mother is the ultimate weapon available with you. Neither your brother nor anybody else will challenge the right over the property if WILL is in your favour.


raj kumar ji (LAW STUDENT )     16 August 2010


Legaleye Associates (Lawyer/ Advocate)     16 August 2010

Though you may have a will drawn in your favour, the same shall be open to challenge, as you may need to get the same probated. Considering the fact that you would not be able to afford much time and that your brother is in possession of the premises, its advisable to think of alternate ways to attend to the situation toda, this would avoid problems from your brother at a belated stage. Regards, Ketan. Legaleye Associates.

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