Staying property for 30 years. Do brothers have any share in property?
30-Nov-2023 (In Property Law)
My father died in 2005. He has 3 sons from which I am the middle child . My other two brothers separated from this house 30 years ago as soon as they got married and got jobs. From past 30 years I am taking care of this house along with parents. I never made my own property unlike my other two brothers who never taken care of their parents. I m paying all expenses of this house ie property tax etc from past 30 years. My younger brother is saying now that after the mothers death he will demand for the equal share in this house after selling it. The house is still on my father's name. Are there any rights for me that he can't move us from this house ?
1. Is the property was purchased by your father or given by your grand Father?
2. Currently who is the registered owner of that house?
3. Is there any will of your father?
It would be very difficult to give you any solution without knowing the facts.
Ethically, you are right. Since you have taken care of the parents and the house for the last 30 years with the remaining two brothers being completely irresponsible for the same, you have all the moral and ethical rights to retain the said property.
However, unfortunately, law does not recognize the aforesaid as the basis of having a conclusive and exclusive right to a property.
As per law, father's property, after his death has to devolve upon his wife and kids in equal proportion.
In the circumstances described by you in your query, it is highly advisable that you take a gift of the mother's share in your favour. You should also retain the possession of the property.
As and when a partition suit is filed against you by the younger brother, you can claim to be the owner of your and mother's share.
Did your father left any will? Mutate property. Its decade now.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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- Legal Documentation for Claiming Ancestral Property Share Without Disp
- Agriculture land and house property are two separate entities or singl
- Grandfathers property sold out by the grand daughters.
- Gift deed from mother to son but paid in cash the property value
- Cancellation of registered agreement to sell
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