Brother not giving shares of property bought by our father.
Kumar
(Querist) 23 November 2019
This query is : Resolved
Dear Experts,
We lost our father and He had not left any WILL. We are 2 brothers and our mother is alive. Our father had purchased 3 acres of land almost 23 years back. He put that property on our elder brother's name along with our father's name as his guardian. Our father name has mentioned in the sale deed as guardian.
Now we want to distribute that property among ourselves including one share for our mother. That means there will be 3 shares.
But our elder brother is saying that it is self acquired property and he does not want to give us any share. That property was purchased by our father with his hard earned money and put it on our elder brother's name. That time our elder brother age was between 15 - 16 years.now he is saying that he bought that land with his own money and he is not ready to give us any share.
He is saying all these things since property is on his name and he wants to keep it for himself without giving us shares.also we came to know that he is planning to sell it without our consent.
What can we do here ?. Is it not possible for us to get shares of that land ?
Could you please suggest and guide me how to proceed legally to get our shares ??.
Thank you.
Dr J C Vashista
(Expert) 24 November 2019
Since the property was purchased in the name of your brother, it is his "self-acquired" property which can not be partitioned.
It is advisable to consult a local prudent lawyer for better appreciation of facts/documents, guidance and proceeding.
If you are located in Delhi and feel so, may contact me (on appointment) with relevant case file at: Chamber no 647, Dwarka Courts Complex, Sector 10, Dwaraka, New Delhi-75 Cell # 9891152939 email: majjagdish@yahoo.com or visit: vakil-saab.com
Sudhir Kumar, Advocate
(Expert) 24 November 2019
If your mother gifts the land during her life time you will face lesser problem,
Sudhir Kumar, Advocate
(Expert) 24 November 2019
If your mother gifts the land during her life time you will face lesser problem,
Sudhir Kumar, Advocate
(Expert) 24 November 2019
repeated
https://www.lawyersclubindia.com/experts/Can-mother-give-her-share-to-one-son-as-she-desires-714671.asp
Hemant Agarwal
(Expert) 24 November 2019
1. IF you can documentarily prove that Father financed the property (Father's Income Tax Returns, Bank Statement etc.... ) and that Brother name was put only for family convenience & affection purposes, (procure Brother's income Tax returns to see whether he has declared such property) THEN you can "successfully" file a Civil Suit for claiming your share/s in such property. OTHERWISE forget it.
Keep Smiling .... Hemant Agarwal
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