Property purchased on brother’s name retransfer.
08-Mar-2023 (In Family Law)
Father funded plot purchase and house construction on his youngest brother’s name including Sale deed. Common understanding was to retransfer it a later date. Brother was a student with no earning in 1961 and his studies financed by my father. Brother promised to transfer in mid 1970s but postponed every time. This property got clubbed in HUF property division in court since 1997.My father expired in 2010. How can I fight for this property.
Since your brother had no source of income. The property is in the nature of joint property and every legal heir has got a equal share in the property. You must file a suit for partition and claim your right.
Advocate Jamal Sait
Bangalore
Advocate Jamal Sait
Bangalore
Can one brother sell property without my consent?
The ancestral property cannot be sold without the consent of all legal descendants. Co-legal heirs are entitled to first refusal when disposing of ancestral property. The co-owner can take the matter to court if there is a violation.
Can a brother claim his brothers property?
According to Section 8 of Act, a brother is a class II heir. He gets the share from the deceased brothers estate if there is no Class I heir present and the father is dead. As shown below, brother is in Entry II of the nine categories that make up Class II heirs.
Can a brother gift a property to his brother?
A gift deed can transfer any movable or movable property within blood relatives without consideration. It is legal for an older brother to gift his property on his younger brother. 19-Feb-2022
What if my brother is not giving share in property?
You can sue your brother for your share of the proceeds from the sale. 11-Sept-2023
Dear Sir,
You may claim as self acquired property of your father and only on the ground of sentiments it was registered in the name of his younger brother. Since he was a student as such it can be easily proved that he was not having any independent source of income as such you will win the case.
You may claim as self acquired property of your father and only on the ground of sentiments it was registered in the name of his younger brother. Since he was a student as such it can be easily proved that he was not having any independent source of income as such you will win the case.
You cannot legally get a share of the property if it is registered in your brothers name. The law will consider that the property is owned by your brother. You cannot get help from a court.
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