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hbs (business)     30 November 2011

My elder brother demanding amount from prperty sell

 

Sir, My father died before one and half year and after his death we filed application in the court for probate to sell our old house. . I am the youngest son of my parents and i have two elder brothers and three elder sisters. The original owner were my father and mother and my father in his presence sold first floor of our old house to my eldest (first number) brother and he was solely owner of first floor and my father and mother were owner of ground floor To get probate from court all my elder brothers and sisters have given me rights on stamp paper to sell the house with co-owner my mother. After getting probate from court and after selling our old house with consent of co-owner my mother ground floor and my eldest brother owner of first floor, we found WILL of my father from our cupboard. Now my question is- in original last will of my father he gave our old house ownership ground floor to my mother(after his death)and first floor to my eldest brother and my father gave some amount to my elder brother( second number) from his fix deposit not from property. and some amount given to three sisters from cash in the bank. And also written that after death of my mother I will be the owner of the old house ground floor.

Now my elder brother (second number) demanding money (part from property sell) and telling that if we would not give him money he will apply in the court. So pl. advice that is there any legal rights of my 2nd number elder brother on old house property sells money? As my father written in his wills clearly that “he had given good amount when my elder brother (2nd) constructed his house so there was no question of giving him other money or part in old house property”. Elder brother (2nd) also given his consent on stamp paper and given me all rights to sell the property. Pl. advice what to do if he file any application in the court!



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 6 Replies

raj kumar ji (LAW STUDENT )     30 November 2011

hbs , the old house is purchased by your father or not?

is this ancestral property?

hbs (business)     30 November 2011

Sir, The house was purchased by my father and it was constructed in 1960.

My father gave enough money to my elder brother(2nd) to construct his house when my father was live..

raj kumar ji (LAW STUDENT )     01 December 2011

hbs ur mother write any type of will for ur old house ?

hbs (business)     01 December 2011

sir, my mother is alive and she hasn't written her will yet. After selling of our old house we have purchased a flat at other place and my eldest(1st) also purchase house at another place. My father mentioned some amount in his will and my mother is willing to give him amount more than that. Pl.give me answer of my question mentioned abpve...

I.S.Roy,Advocate (Advocate)     02 December 2011

Dear Sir,

   You question is vague

hbs (business)     04 December 2011

My Question in short is....

  1. My elder brother( 2nd number demanding from propert sell amount of my parents and my eldest broether's name...my father not given any money in his last will from property sell.
  2. Is my brother's any right over money of property sell.?
  3. If my brother will give Notice to us what shouls we do.?

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