Procedure to claim share in property registered in brother's name
10-Nov-2023 (In Property Law)
My father who is 78 years old and my brother who is living abroad, during his vacation visit to india my father registered flat which he is living to my brother name without asking me or getting my approval. As per indian law parent property should go to both son and daughter equally. Since now it is registered in my brother name already anything i can do legally to claim back my share ... Please advise
I assume that your father conveyed the property (flat) to your brother by means of a registered gift deed. If it is your father's self-acquired property, the gift is perfectly valid in law, and you cannot challenge it.
NOTHING CAN BE DONE AS THAT PROPERTY IS BELONG TO YOUR DAD ALONE AND HIS SELF EARNED. HE CAN GIVE AWAY TO ANYONE HE WISHES. SO YOUR APPROVAL HAS NO VALUE AND YOU HAVE NO LEGAL RIGHT TO CLAIM. EQUAL RIGHTS WILL COME ONLY AFTER HIS DEATH.
No he cannot as the property is registered in younger brother's name and the same is not an ancestral property or a self acquired property of the mother so it would not be transferred as per laws of succession. In these circumstances if the brother is not leaving the premises then a suit for eviction and permanent injunction may be filed against the elder brother and it must be done at the earliest to prevent the suit from being barred by limitation.
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