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Indian Art (Others)     13 November 2009

Property Dispute - Right on Property

Dear Members,

I am the youngest in my family and i have four Brothers (Incl me) and all are married and independent. My Father had purchased a land long back in 80's on my mothers and my 1st elder brother name when he was minor. My father had constructed flats on the land. Two of my brothers are staying with my parents. My elder brother wants half of the land property now that is on his name and also part of his share in land that will come is in my mother name.
My parents are not happy with his attitude so my brother is troubling them now. Please advise what can be done by my parents. My parents asked my elder brother to share this flat with four of us but he doesn't want to do that. He is asking for his entire share in property. We three brothers don’t want any family dispute so please advice.
 
Is a registered WILL from my father in favor of my mother and 3 of us (brothers) will help to protect our right? So far there is no division of in parental property of my father.
 
Please also explain the legal rights of my brother on my father property in case my parent don't want to give anything to him.
 
Please Help.


Learning

 12 Replies

Suchitra. S (Advocate)     13 November 2009

Ashish, you said, your father purchased land and constructed flats. Is it hfrom his self earned property of your father? If yes, then, he can give it to anyone he wants to through will. If it is from ancestral property, then all his children will have equal rights over the proerty.  Your elder brother cannot ask for half of the property if it is ancestral, and no one has got rights over father's self earned property.

Adv Archana Deshmukh (Practicing Advocate)     13 November 2009

 You said the property is in the name of your mother and elder brother. So, your mother and elder brother are co-owners and your brother have half share in the property.  Your mother can make a WILL and give her half share  to you and your other 2 brothers and thus can exclude your elder brother from succession in her share.

Indian Art (Others)     13 November 2009

Dear Suchitra,

Thanks for Your Reply.

Yes the mentioned property was purchesd by my father in Name of My brother (Minor at time of purchse) and my mother who is house maker.

Regards

Suchitra. S (Advocate)     13 November 2009

Sir, I agree with Archana ji.  Your mother can make a will and exclude your elder brother from succession in her share. Your elder brother has to get half of the land proprty.

Indian Art (Others)     13 November 2009

Dear Archana,

Thanks for your reply.

I don't agree with your points. It would be kind if you can explain in detail if possible.

My arguments:-

How my brother can claim half of the property when he was minor at time of purchase. I dont think law can ignore the decisions of parent that can be in form of registered will. In family its a trend to buy property (Moveable/immovable) in name of elder son. It can't penalise the right of other younger brothers/sisters

Regards.

 

Adv Archana Deshmukh (Practicing Advocate)     13 November 2009

 Dear Ashish,

Though your elder brother was a minor at the time of purchase. The property purchased in the name of the minor for his benefit becomes his absolute property  and he is the owner of it and now when he has attained majority he has every right to deal with the property in the way he likes. Your mother CAN make a WILL about her share and can exclude your elder brother from succession.

1 Like

Suchitra. S (Advocate)     13 November 2009

Ashish,  parents will not have any right over minor son's property and once he attains majority, rights are vested fully with him.

1 Like

(Guest)

Your mother and brother are co-owners of the property. But didn't mention their share hold of the property. When your brother was minor your father purchased, now he (your brother)  attained major. Request your mother write a WILL that major portion of the property she is holding and divide property equal parts by excluding your elder brother.

Anish goyal (Advocate)     13 November 2009

Archna g i would like to correct you or you can say more clarify you. Property can be purchased 4 minor whether 4 his benefit or not. I mean to say benefit is not a condition precedent

advocate rajan pandurang joshi (Proprietor)     13 November 2009

You have not disclosed in your query as to the religion to which you belong, i.e. whether you belong to Hindu or any other religion. Assuming, you are a Hindu,  your father has put in his money to purchase the property in the name of your mother and your elder brother. Therefore, the transaction is not hit by the provisions of Benami Transactions Act. Your father has put up construction, however, you have not mentioned whether the construction was carried when your elder brother had become a major. If he was a major, then by his conduct, he has acquised to the construction and as such the superstructures would belong to your father and he is entitled to deal with the superstructure as an absolute owner thereof. However, as regards land is concerned, perhaps your father will have to institute a suit to have the same transferred  in his name. Otherwise,  your brother and mother are co-owners and your brothre is entitled to seek partition of his share. Please see the provisions of Indian Easements and Licenses Act as regards ownership right of your father over the superstructures.

Adv Archana Deshmukh (Practicing Advocate)     13 November 2009

Anish, I said so bcoz  generally parents purchase property in the name of their minor children for securing their future i.e., for their benefit only..  I did not mean to say that when a  property is purchased in the name of the minor it is necessary to prove that 'it was purchased for his benefit' or it is legally a condition precedent to purchase a property.... :)

Anish goyal (Advocate)     14 November 2009

Sorry Archna g i thought otherwise.

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