Property distribution between two brothers

My father has a house and a residential site. He wants my elder brother to own the house and me to own the site after his demise for which we both agree as both have equal value in market. But my father has fixed deposits in bank, provident fund, and jewelry of my mother after her demise. My father initially asked me to write a relinquishment letter stating i dont own any rights on the house and my brother has all rights which i agreed. But father sends me a relinquishment letter(as if written by me) to sign which says not only the house but all the money has to go to my brother.

Answers (3)

334 votes

Since the money and the jewellery belong to him he has every right to deal with it the way he wants. Probably you can sit across with your family and decide and settle the matter amicably.

I suggest to avoid litigation, but if not satisfied, you may consult an Advocate for further queries.

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340 votes

I am not sure how to answer this query as your legal issue is not forthcoming. However with the facts that you have provided, this is my limited advice. With regard to the house and site, if you are asked to give a relinquishment letter for the house; then it would be prudent to ask your brother for a relinquishment letter for the site. The ideal way to go about this would be to execute Gift Deed from your father to yourself and your brother - 2 separate deeds so that there will no confusion after his demise. Sometimes Wills also can create problems.

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As far as your mother's property is concerned in that you have a equal share and as far as your father's self acquired property is concerned he is free to give it to anyone and you can file a suit for partition and also take an injunction order not to release the said fixed deposits, provident fund and other movable property and see that you get you legally entitled property.

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