Does brothers have share in elder's brothers property?

case history in brief...Grand Father (land approx. 10 acre + old house): he had 3 sons (elder son was in govt service and other two sons was in agriculture works). Elder son was only a person who had taken all the responsibility for fulfill the needs of the entire family member. He had build a new home at place after destroy old home & did all expense in his sisters marriage. No any income from the agriculture. After his death, his brother's family asking for shares in all assets which was made by elder brother. I think the assets made by elder brother should go to his family. Please advise!!

Answers (2)

390 votes

If the house made by the elder brother is a self acquired property i.e he purchased the land with his own income and constructed house with own income, then the other two brother will have no right on the property.

However , if the house build is on the land which is an ancestral property or land of your father, then the other two brothers, will as per Section 10 of Hindu Succession Act  (assuming you are a Hindu) will have right on the property and can demand their share in the property.

241 votes

The brothers will have a share in the ancestral properties inherited from the grandfather. However in so far as the self acquired properties of the eldest brother are concerned the others will have no share in the same and the same will fall entirely to the share of his wife and children etc.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Property Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
21 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
34 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
20 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
18 years Experience

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 and has been responded by one of the Property Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related Questions

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

Related Articles