Can my Brother claim a share in my property

976 votes

If the property is purchased from ur earnings and savings and nothing share from the parents or brothers earnings then ur brother have no right to claim the share from your self earning property and on details u have must collect all relative docs and then discuss in details for regarding this issue.

Advocate Ram Snehi Mishra LawRato

544 votes

You can't restrict anyone for filling a case.
He have to prove that parents have paid money against the said property.
And if you are married then you transfer the property in your wife name.
Or your other relatives name.
After that he have no right against the sold or transferred property.

Advocate Abhay Kumar LawRato

806 votes

Your brothers can claim share in your property but for that he has to proved that the property purchased was out of the family money.Give us more information so that we can think in term of sabing your interest.

Advocate Abu Bakar LawRato

832 votes

If you purchased said property as a karta of the family then your younger brother has right to claim his share in aforesaid property who is minor at the time of purchase and you leads the family as karta

Advocate Kumar Vikas LawRato

985 votes

The source of fund determines whether the other family members have a right over the property. The fund in your property was from the family money which makes it a joint family property. Hence your brother has a legal right over this property.

Advocate Manini Jaiswal LawRato

283 votes

1. Claiming a Share in Sibling's Self-Acquired Property:
   • Legal Position: Under Indian law, siblings have certain rights when it comes to property, but the extent of those rights depends on various factors.
   • Self-Acquired Property: If the property in question is self-acquired by one sibling, it generally does not form part of the ancestral property or joint family property. In such cases, siblings do not have an automatic right to claim a share in the self-acquired property.
   • Intestate Succession: If the sibling who owns the self-acquired property passes away without a will, the Indian Succession Act comes into play. According to this act, siblings can inherit a share in the deceased sibling's property along with other legal heirs, subject to the laws of intestate succession.
   • Wills and Bequests: If the property owner leaves a will specifying the distribution of their assets, including the self-acquired property, it should be followed. Wills can be challenged in court under certain circumstances, but the process can be complex.
2. Property Dispute Resolution:
   • Mediation and Settlement: In many cases, property disputes between siblings can be resolved through mediation and amicable settlement. This can involve sharing the property equitably or negotiating other arrangements.
   • Legal Action: If disputes cannot be resolved amicably, legal action may be taken. A sibling seeking a share in a self-acquired property may file a lawsuit to establish their right to the property.
3. Legal Advice:
   • It is advisable for both parties involved in a property dispute to seek legal advice from a qualified property attorney. The attorney can provide guidance based on the specific circumstances of the case.
4. Documentation and Records:
   • Maintaining clear records of property ownership and financial transactions related to the property can be essential in resolving disputes.
5. Property Laws Vary: Property laws can vary depending on the state in India, so it's important to consider the relevant state laws and consult with an attorney familiar with those laws.

In conclusion, while siblings generally do not have an automatic right to claim a share in each other's self-acquired property, legal rights and options can vary depending on factors such as property type, wills, and intestate succession laws. Seeking legal advice and exploring mediation can help in resolving property disputes between siblings.

Advocate Chikirsha Mohanty LawRato