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Paying installments for dead father's house. Can brothers ask share?
18-Feb-2023 (In Property Law)
I am living in Delhi in a home which was given to me by my father 30 years back and house is registered by name of my father. I had 6 brother out of which 2 passed away and the installment of house is also paid by me. I also constructed the house with the permission of all.
I want to know what will be the judgement if any one of my brother demands his share from my property. Legally how strong is my case in this matter as I am still living with my family.
To be honest, merely making some installments for the house or contibuting for the construction would not suffice to get a clear title or exclusive rights to the property. Since after your father, the said property would devolve upon your mother, in case of her being alive, and all you brothers.
Incase of your two brothers being no more, their share would devolve upon their legal heirs i.e., their wife and children. However, if they were unmarried, then the said property would devolve upon your mother.
But as you say that you have been doing so much for the family, it would be right if you sit with your family and enter into a family settlment deed wherein your family can apprreciate your efforts and award you with a bigger slice in the property.
However, the said decision has to be mutual and it would be better if you can get the same done in writing.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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