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Property is in my brother's name and can I claim share in the property


24-Nov-2023 (In Property Law)

My husband has no asset at all. when he was minor his mother and elder brother bought some land in the name of elder brother taking loan they built a home. but 90% of the home expenses are met by my husband. his elder brother is a bachelor . whether my husband has any right to get the share that bought in the name of his brother?

Answers (3)

Answer #1
826 votes
The title of the property indicate the owner of the land.If the title in the deed and all other documents related to the property has reflected in the name of Brother then he is the absolute owner of the property. He can create / sell /transfer that property as per his wish. Do you mean the day to day expenses of house meet by your husband ? If do so, it never related to the property title.If brother will execute will or other doc. then you husband got share
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Adv. Ajay NS

LawRato Ernakulam | 5+ Answers
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Answer #2
545 votes
Your husband should not have funded to the property that never belonged to him anytime. They might have done in the joint family interest whereas if the things are going against him, he cannot legally claim any share in the property. However, if he has any records for the financial assistance for the development of the house property, he may file a partition suit seeking his share in the property or the amount he funded with interest. Alternately, he may arrange for an amicable settlement with his mother and brother to avoid litigation, expenses for it and time, energy towards litigation. Consult an advocate in the local and arrange for talks with his close relatives about this.
Answer #3
208 votes
According to Indian law, property between brothers is divided equally and the daughter has the same rights as the father.
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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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