Transfer of property from the name of deceased mother to brother
04-Dec-2023 (In Property Law)
We are 5 siblings. My father purchased a flat in 1985 in name of our mother with 3 brothers including me. Money for flat was sent by me and my other brothers whose names do not appear. We had other properties too.By way of family understanding it was agreed that one of 3 brothers(youngest) should get this flat(his name was there in original purchase) as other brother and I(both have names in original purchase) have separate flats. I agree but middle brother is not agreeing. As his name is there in agreement, can he claim? He had not sent funds for purchasing the flat. As heirs of mother, can balance 2 siblings claim her share? They do not want any share and want to help the youngest brother. The parents will made in 1995 is there but not registered nor clear. As per will I should have right to flat but not clear. How can the matter be resolved and flat can be transferred to the youngest brother.
do not interpret law in your own way .. contact a competent and honest advocate who would give proper advise and not keep the family litigating in a planned and systematic manner as it happens day in and day out ..
As per the details, you mentioned your case seems to be bit tricky but need to go through your documents in detail. You have also mentioned about the Will prepared so need to check that as well before giving you any suggestion or coming to any conclusion.
If anyones name is entered in the Property document(Agreement) then legally he has the right over the property but if one manage to prove in the Court (with the strong evidence) that the name was entered only for convenience and the money was paid by someone then there can be chances to get favourable order. Further, one can give away property in WILL only which belongs to his/her name and the percentage of his/her share in the property.
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