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Can my brother claim a share in brothers property?
08-Jul-2024 (In Family Law)
In India, a younger brother generally cannot claim a share in his elder brother's self-acquired property during the elder brother's lifetime. Self-acquired property refers to assets purchased or earned by an individual through their own income, and the owner has full rights to use, sell, gift, or will it as they see fit. However, if the elder brother dies intestate (without leaving a will) and has no surviving spouse, children, or parents, the younger brother may be entitled to a share of the property as a legal heir under succession laws. On the other hand, when it comes to ancestral property, both brothers have equal rights by birth. Ancestral property is typically defined as property passed down undivided through four generations of male lineage. Unlike self-acquired property, ancestral property cannot be willed away freely without considering the rightful shares of all coparceners, which include the younger brother. Therefore, while self-acquired property offers no automatic claim, ancestral property and intestate succession may give the younger brother legal grounds to claim a share.
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