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krish (professional)     25 December 2012

Property division

Sir,

Both my parents expired suddenly. There is no will (they are not aware of it as they are very old). We are 2 brothers and 1 sister.

 

1. I have transferred money to my dad for the purchase of house (bank transactions are there to prove the money transferred) As I was abroad during that time, I have asked my father to register the house on his name as I could not make the trip to India during that time. Now my brother is asking 50% share in that house. Can I file a case on that house to get the house back on my name?

2. They left some gold. My brother was not married at the time when my parents alive. He got married after that. My sister was married long back before 1981. My dad used half of the gifted money (often called dowry) to make jewellaery for my wife and remaining spent on expenses. Now after my brother's marriage, my brother is asking to consider my wife's wedding jewellery in my share of gold.

3. I have transferred money to my dad and mom's account. If Nominee is not me, can I claim that money?

Thanks for your time in looking and answering this.

Nandu



Learning

 1 Replies

Advocate Rohit (Advocate)     25 December 2012

If you had paid the entire money for the purchase of the house. then you can claim the sole ownership of the house. Further, if your brother got married recently after the death of your parents, then you may ask your brother to take maximum share in the gold and remaining share you and your sister could take to avoid the dispute.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai


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