Step brother claim share in the property registered in mothers name

Hello Sir/Madam My father has died few days back and he had no relations with his son from previous marriage. However, after his sudden death the son (my step brother) has come up to claim a flat which is registered in my mother's name. He is claiming that the flat is funded by my father and he wants its share. My mother is still alive and I'm her only daughter. We are Hindu by religion. Can he claim the flat/property which is already registered in her name?

Answers (3)

117 votes

no, generally claiming of such land / flat is not possible. but however he can claim such things, you have to move to the competent legal authority before he moves to do such things. i would suggest you contact any advocate who deals in property matters and consult in details about the matter.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

175 votes

Since the flat is registered in your mother's name, rest assure your step brother won't be able to do anything whatever absurd or inflated claims he raises unless your mother transfers the same in your step brother's name. If your mother has enough belief and faith upon you, I would request you to let the flat be gifted in your name by her. Though for registration of gift of the flat, some amount has to be incurred for stamp duty and registration cost which may not be required for Will, but Will always carry a risk with it as your mother may change her mind later and change the legatee any time afterwards. All the best. Regards

Popular Property Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
17 years Experience
230 votes

First of all i have to go through the paperwork only after that I will be in a position to give suitable advice to you. However your step brother isn't entitled to claim share in the property purchased in your mother's name.

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 and has been responded by one of the Property Lawyers at 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 or contact a Lawyer of your choice to address your query in detail.

Related Questions

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

Related Articles