Legal rights of property purchased jointly by parents
I have a friend by name Kumar. He has a younger brother by name Ravi. Kumar's father had purchased a constructed home in 1981 along with his mother (i.e. the property is jointly held by his father and mother). Kumar's father expired last year. Kumar is married and a good chap. He is the one who takes care of his family (mother, brother and his wife). Ravi is not married. Ravi goes to work but will not spend a penny for his home and keeps troubling his mother for more money when Kumar is not around.
He is highly irresponsible and keeps quarreling with his mother telling that his father has not made enough wealth for him. Now Kumar wants to construct a home by demolishing the old home. He is willing to take care of the complete expenses of the construction and wants to see his mother in the new home. He does not want his brother to make loan on the constructed home.
Now these are my queries: 1. After the death of his father, is only her mother the legal heir or is it the son's too? If sons are also legal heir, how to avoid the misuse of home by the second son? 2. Can his mother make a will in such a way that the rights of selling the home or borrowing money by pledging home should not be given to the younger son Ravi. Ravi can just stay and enjoy the property but should not treat this as his asset for monetary benefits.
My intention is that Ravi, the second son has to change and lead a responsible life rather than pestering his mother and that later after his mother, he should not be a problem for his brother.
He is highly irresponsible and keeps quarreling with his mother telling that his father has not made enough wealth for him. Now Kumar wants to construct a home by demolishing the old home. He is willing to take care of the complete expenses of the construction and wants to see his mother in the new home. He does not want his brother to make loan on the constructed home.
Now these are my queries: 1. After the death of his father, is only her mother the legal heir or is it the son's too? If sons are also legal heir, how to avoid the misuse of home by the second son? 2. Can his mother make a will in such a way that the rights of selling the home or borrowing money by pledging home should not be given to the younger son Ravi. Ravi can just stay and enjoy the property but should not treat this as his asset for monetary benefits.
My intention is that Ravi, the second son has to change and lead a responsible life rather than pestering his mother and that later after his mother, he should not be a problem for his brother.
Connect with top Property lawyers for your specific issue
Answers (1)
Googling your legal issue online?
The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

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 Property Lawyers at LawRato.com 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 LawRato.com or contact a Lawyer of your choice to address your query in detail.
Connect with top Property lawyers for your specific issue
Related Questions
- Wife sold flat of whose EMI i was paying. Can she do that?
- My father purchased a land for me in Kurukshetra. How to proceed ?
- How to determine shares in jointly held property
- Query pertaining to the share on parental property
- Can daughter claim share in the property of mother
- Registration of POA in connection with property transfer
"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
Related Articles
- how to get building completetion & occupancy certificate
- Can a Gift Deed be challenged in India? - Property Gift Deed Rules
- Sons and Daughters Rights in Father's Property
- Illegal Possession of Immovable Property/Land
- Joint Ownership of Property
- Family Property Dispute Legal Solution
- Transfer of Property to Legal Heir after Death
- How to Resolve Land Dispute
- How to sell property in pagdi system
- Grandson's Right in Grandfather's Property
- Hakka Sod Patra in Maharashtra
- How to get succession certificate
- Property Document Verification in Bangalore
- Ancestral Property Partition and Family Rights
- How to send property partition legal notice?