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Prabir Bhaduri (Others)     14 August 2021

Share in property by family members

My father purchased a property, 2bhk flat, in Kolkata with his hard earned retirement benefits in my name and thus the allotment of the above-mentioned property was done in my name by the housing cooperative society.
My father lived the rest of his life after retirement along with me and mother in the above-mentioned purchased property.
He died in 1999, without making any deed or will regarding the property.
Now my mother is living with me along with my spouse.
I have another sibling living separately not with us.
Now my mother is insisting me to get a deed done in respect of the property, from the court, and to make my mother and my brother as the joint ownership in the property to avoid any confrontation with my brother in the future as he financed my late father to complete the purchase of this property.
Is she right in her stand or I can retain the sole ownership in my name, and exercise my right over the property?
Does my wife can have any vested interest or claim in this property?


 9 Replies

Govardhan Varma (Advocate in practice in Crime and Taxation)     14 August 2021

As per the facts in issue,

The above stated property have only single ownership given by the father who was deceased. In this property the siblings will not have any right on this property.


In some cases the siblings will make false disputes/ ligations by saying that he financing the father while at the time of buying the scheduled property.

There we have a solution that we write a reply states that "Father gave the gift to you at time of buying the property". and there was no question of loans and financing issues in between the family members otherthan written document appeared.

So nobody includes your wife cannot be claimed.

Note : Required some details 1) Religions of the person 2) No. of years ago from the date of financing till date.

Any Queries contact us

Dr J C Vashista (Advocate)     15 August 2021

You are absolute owner and you may decide further inclusion any one co-sharer or not, no one can compel you.

Prabir Bhaduri (Others)     15 August 2021

1) Since the concerned person is my own brother, obviously his religion is Hindu
2) It was one time financial help - one third of the total cost of the property given to my father at the time of purchase in the year 1985 with no written document.

G.L.N. Prasad (Retired employee.)     15 August 2021

What was your age, when your father has acquired the property in your name?  Can you establish that you have earned the property on your name ?

As a Hindu, be responsible, the father has invested his retirement benefits as he is in advanced age and as you are young, to give a comfortable living, he might have kept the property in your name.

Be Honest, and as you are well aware of the fact that it is self-acquired property, and there is no contribution from you, and the fact is that your brother contributed 1/3 (No contribution from you) get the property divided into 3 parts and get a settlement deed done.  Your mother is right and appears to be religious.

Your wife is having a share of that property belonging to you, with your children as co-sharers after you.  Otherwise, she is not a co-sharer in her husband's joint family property.

Prabir Bhaduri (Others)     16 August 2021

Why this issue was not raised when my father was alive and a main bread earner in the family?
At present may be of sentimental issue or undue outside influence on my mother to separate the property, which my father did not have any idea when he was alive.

Dr J C Vashista (Advocate)     16 August 2021

Please again read my opinion, however, you are still not convinced /satisfied it is better to consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding.  


G.L.N. Prasad (Retired employee.)     16 August 2021


Your only objection for your mother's suggestion for partitioning the flat self-acquired by your father with 1/3 contribution from your brother, in your name appears to be 

"Why this issue was not raised when my father was alive and a main bread earner in the family?

Members are not aware as to the year your father expired, what was your age when the property was acquired by a karta of undivided family in the name of his son and why the issue was not raised during his time by your mother.  Why your brother has never agitated for refunding of his amount contributed, and now at this age why your mother only proposed for division of the property is not known to members.  Members are not even aware as to who really posted the query and other facts.  The fact is that you have alone been enjoying that property acquired by your father with his retirement benefits and your brother's contribution substantially and in fact there is no contribution from you in the property.  This is the proposition by your mother who is aware of the facts and your brother has never sought partition of the flat.

The law is different from "Dharma".  You do not find an equivalent word in English for the "Dharma".  


Prabir Bhaduri (Others)     16 August 2021

The fact thatI am not alone living and enjoying the property purchased by my father in my name.
My father lived here till his death, my mother aged with age related ailments is also living with me and I am the only care giver to her.
After my marriage my spouse moved here from her parents.
No body in the family has barred him to come, enjoy his parents property.

P. Venu (Advocate)     16 August 2021

More than the legal elements, the query suggests moral obligation. The answer, obviously, lies with your conscience.

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