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Mother died leaving behind the property elder brother not giving share


03-Dec-2023 (In Property Law)
My Religion is Hindu We are 6 brothers, our mother had the only property that is 60*80 land in our village, My 1st brother that is elder most brother and youngest brother lives in village with 2 house built on my mother land. We got to know that our elder most brother took all the land to his name after our mother is dead Now he is not accepting to give equal share of land to remaining 5 bothers What can we do legally? Thankyou
Answers (2)

Answer #1
874 votes
If the property was transferred by your mother to the eldest son out of her own free will then there is nothing that can be done about it if it was her self acquired property. However you can challenge the transfer on the grounds of force, fraud, undue influence in the civil court. Apart from this also have the authenticity of the papers checked to ensure that the documents of transfer of property that he is showing are genuine or only to misguide you.
Apart from this you can also file criminal breach of trust and fraud cases if you have some evidence of his foulplay.
Answer #2
647 votes
Yes all brothers have right on that.simple first made ready all documents land all documents with your mother,s name and how its transfer to your elder brother.is it gift or sale or on what besis its transfer so. But you all brothers are equal righrs.you can file a suit for partion/ successuon. Then only its possible

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