Can mother and brother claim share in brother's self acquired property
15-Jan-2023 (In Property Law)
I had purchased a flat in Kharghar, Navi Mumbai in 2007 and other flat in Pune in 2009. All the money including initial contribution + loan was by me alone but I had added my father's name in good faith in property registration agreement & Loan. For many years I was paying EMIs, Maintenance and everything for both flats and by now loans on both properties are over. Unfortunately my father died in a massive heart attack in 2016 and now my mother and brother are claiming % on both properties. My brother was married but his wife has left him and she has filed a case for divorce which is going on. I am married and we have 2 sons (2 & 6 years). In this situation, I wish to ask if my mother and brother can claim any portion on any or both properties and if yes,how much? Is there any way I can remove my father's name from property documents now?
You will have to prove that the amount paid for Flat purchase was paid by you and not by your father.So your brother cannot claim on your property. Mother may get some share but brother will definitely not get if it is genuinely your self acquired property
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Jointly they can have 17 percent claim over the property. But that also you can prove by stating your claim as comprehensive owing to all contribution from your end. This is enough to safeguard your title over the properties.
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