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Property in my father and mother's name can my brother claim solely ?


28-Jan-2023 (In Property Law)

HI, We had bought an illegal flat in the year 2014 by my mother and fathers name. However one lawyer had just made an agreement paper between us and the seller(promoteR). However my father passed away just a month back and now my elder brother is claiming for the property. He wants to do the registry soley in his name. What is the best legal way to come out of this issue. As we want that the property should remain only on my mothers name.

Answers (2)

Answer #1
735 votes
Your elder brother cannot claim the property in his sole name, and can only be one of the joint owners of the property being a joint heir of your father. Since the agreement, as I understood it, has been entered into by your parents jointly with the promoter, your father's share devolves to his wife and children as joint heirs.
Answer #2
504 votes
No
you brother cannot claim it solely. but to give you proper advice i need go through the agreement paper

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