Parents died can elder brother claim for more share in property


I am eldest son of my parents. I have a younger brother. My parents has expired. My mother has a land of 20acres. Now I and my brother want to share that 20acres. As i am eldest son, can i get more share than my brother, or do we get equal shares. Can i fight for more share legally ? 


Answers (1)

If the property was jointly owned by by your deceased father and if the property has been mutated in your mother's name she can divide the property as she wishes.
Now your brother has no right .
If your brother approaches the court he will get only 1/5th of the 50% of the whole property as all children including the wife have equal share in the father's portion of the property as he died intestate
If the property is still in the joint name of your mother and deceased father as mentioned earlier your brother can claim only 1/5 of the 50% of the whole property.
Advise your mom to make a decision and act accordingly.
The options are she can gift her part of the 50% equally between the two of you after getting NOC from both the sisters and divide the rest equally as well.


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
19 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 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 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.


Related Articles


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

Legal Services

15 Minutes Property Advice Session by Phone

4.8 | 541 ratings
Ask questions and get advice from a local experienced advocate on your Property Matter
Document Review - Agreement to Sell

4.7 | 108 ratings
Review + 30 Min phone call - Agreement to Sell review by a local experienced advocate
Draft a Sale Deed / Property Purchase Agreement

4.6 | 197 ratings
30 Min Intro call + Start to finish help - Sale Deed / Property Purchase Agreement drafted by a local experienced advocate
Document Review - Gift Deed

4.3 | 37 ratings
Review + 30 Min phone call - Gift Deed review by a local experienced advocate
Draft a Gift Deed

4.6 | 182 ratings
30 Min Intro call + Start to finish help - Gift Deed drafted by a local experienced advocate
Document Review - Sale Deed

4.8 | 73 ratings
Review + 30 Min phone call - Sale Deed review by a local experienced advocate
Property Registration

4.7 | 291 ratings
Get your property registered through an experienced local advocate
Title Opinion Report

4.8 | 193 ratings
Get a detailed Title Opinion Report by expert real estate lawyers in your city
Draft an Agreement to Sell

4.9 | 94 ratings
30 Min Intro call + Start to finish help - Agreement to sell drafted by a local experienced advocate
Property Verification / Due Diligence

4.8 | 421 ratings
Property Verification, Title Search and due diligence conducted by a local experienced advocate
Legal Notice for Delay in Construction

4.4 | 24 ratings
30 Min Intro call + Start to finish help
Legal Heir / Succession Certificate

4.8 | 71 ratings
Apply for a Legal Heir / Succession Certificate through a local experienced advocate
Similar questions

how can a flat of in-laws of my brother be transferred in my name with minimum tax outgo and legally…

Read More

In olden days room were given under pahadi system in a chawl . Property is 80 years old. Four members i.e one brother and three sisters were staying i…

Read More

How to get stay order on a family commercial property, as well as family residential property and get it sealed, so that no one can use it, which is o…

Read More

father died 2 yrs back. mother & younger bother are here. but brother is in bad society he usually drinks on daily & fight wid mother. my fath…

Read More

Talk to a lawyer for your legal issue