Staying property for 30 years. Do brothers have any share in property?

983 votes

Hi, In your case there are many possibilities which depend upon many facts.
1. Is the property was purchased by your father or given by your grand Father?
2. Currently who is the registered owner of that house?
3. Is there any will of your father?
It would be very difficult to give you any solution without knowing the facts.

Advocate Vikas Nain LawRato

857 votes

Dear concerned,
Ethically, you are right. Since you have taken care of the parents and the house for the last 30 years with the remaining two brothers being completely irresponsible for the same, you have all the moral and ethical rights to retain the said property.

However, unfortunately, law does not recognize the aforesaid as the basis of having a conclusive and exclusive right to a property.

As per law, father's property, after his death has to devolve upon his wife and kids in equal proportion.

In the circumstances described by you in your query, it is highly advisable that you take a gift of the mother's share in your favour. You should also retain the possession of the property.

As and when a partition suit is filed against you by the younger brother, you can claim to be the owner of your and mother's share.

Advocate Avneesh Garg LawRato

813 votes

In absence of any Will of your father, all the legal heirs of your father will inherit the property and shall have respective right over the property. However, you are entitled to claim the money you spent towards repairs, maintainance, taxes or any other expanses of the said property.

Advocate Ritam Khare LawRato

617 votes

Sad situation. He will need your consent to sell the house. You can refuse. Then he can move for partion. There you can show you have been paying all taxes etc. And claim expenses which may or may not be granted.
Did your father left any will? Mutate property. Its decade now.

Advocate Charu Mathur LawRato