Does brothers have share in elder's brothers property?
case history in brief...Grand Father (land approx. 10 acre + old house): he had 3 sons (elder son was in govt service and other two sons was in agriculture works). Elder son was only a person who had taken all the responsibility for fulfill the needs of the entire family member. He had build a new home at place after destroy old home & did all expense in his sisters marriage. No any income from the agriculture. After his death, his brother's family asking for shares in all assets which was made by elder brother. I think the assets made by elder brother should go to his family. Please advise!!
If the house made by the elder brother is a self acquired property i.e he purchased the land with his own income and constructed house with own income, then the other two brother will have no right on the property.
However , if the house build is on the land which is an ancestral property or land of your father, then the other two brothers, will as per Section 10 of Hindu Succession Act (assuming you are a Hindu) will have right on the property and can demand their share in the property.
The brothers will have a share in the ancestral properties inherited from the grandfather. However in so far as the self acquired properties of the eldest brother are concerned the others will have no share in the same and the same will fall entirely to the share of his wife and children etc.
Advocate Rajat JosephNizamuddin East, Delhi
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