Rights of property?

Querist : Anonymous (Querist) 15 December 2011 This query is : Resolved
Mother's property is puerly Self acquired Property in 1955?

She was living with husband and two sons.

Ealder son earned property with consent of mother on his name(1969 to 1980).

Younger son is on govt service(IFS) staying away.

After deth of father(1986) and mother(2005)

What will be the status of ealder son's property?
Either joint or self property?

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Raj Kumar Makkad (Expert) 15 December 2011
The properties which stand in the name of elder brother shall remain intact on the expiry of their parents but the properties left by parents (self acquired property) shall be equally divided between all legal heirs.

bhagwat patil (Expert) 16 December 2011
Pl examine the document of transfer of property to your brother, if it is a mere family arrangement, you can claim.

Guest (Expert) 16 December 2011
Agree with Shri Makkad.

Querist : Anonymous (Querist) 16 December 2011
Thanks a Lot Makkad for your Clear Exlaination...

Hi Bhagwat Patil:
Right now we have documents of my mother self acquired property in 1955(undivided).

and with the help of mother, ealder son got property on his name 1969 to 1980.

younger son does not have any documents related on this..

only above mentioned documents are there, no any other documents are agreements.

Mother expired in 2005

ealder son property having share with younger son?

Raj Kumar Makkad (Expert) 16 December 2011
The elder brother got properties from her mother during the period of 1969 to 1980 so he is exclusive owner of that property and there is no mention of that settled position.

You have to see now the properties which stand in the name of your mother at the time of her death occurred in 2005.

Those properties shall be divided in equal share irrespective of elder brother already obtained more than his share.

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