LawRato

Can brother claim share in self acquired property ?


28-Jan-2023 (In Property Law)
My father build a house at native, another house at a taluk level. The land ( at native ) is from grandparents . The site at taluk level is registered on my father’s name. My father gave full money to construct these both houses. Post this my father got retired. He constructed a house with his retirement money on a site which owned by his elder brother . Apart from this my father purchased two site with retirement money which is vacant. His elder brother has not contributed not even 5% whole property. My father is not getting any pension and amount what he got as one time amount . My uncle is getting pension . I have below questions 1. Does my uncle have any legal right to half share in all property what my father has earned? 2. As my father used his retirement money to construct the house , how much portion of the property he need to give to my uncle ?(as the site is registered on my uncle’s name ) 3. In such situation what law applies ; Please advise
Answers (2)

Answer #1
913 votes
1. Well when the property was partitioned then your father had 1/3rd share in it along with you and your brother.

2. You are silent whether your father at the time of his death made any Will or any other bequest in respect of hs 1/3rd share.

3. If no then his 1/3rd share is to be equally divided among all his legal heirs which include you, your 2 brothers and 2 sisters and your mother.

4. Accordingly your sisters and left out brothers acquired 1/12 share in the property and hence it would be natural for the bank to ask for NOC from them.

5. If before death of your father he transfer his share to your mother through a gift deed then only the sisters or brother can be restrained from claiming their share.
Answer #2
590 votes
No you uncle have not any right to claim the hard earned property by your father. The distribution of property by meats and bounds is family issue can be decided by the family members. For more information.

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."