Ancestral property dispute
Ranabijoy Bhattacharjee
(Querist) 06 February 2012
This query is : Resolved
The dispute is between Three Hindu brothers regarding an ancestral property. The elder brother living in a separately own house and both the younger brothers are currently living in the property with their families. The plot on which the property is built is solely in the name of the elder brother. The house was built by their parents using the funds from their old house and their own earnings. Their father and mother is no longer alive,
The elder brother is currently in the process of selling the house. He is also however, demanding that the younger brothers to move out of the ancestral house with his family as he wishes to sell it.
1. If the plot on which the property is built is solely in the name of one brother, do the other siblings still have a right to claim a share in the house?
2. Is it possible to protect the house from selling..?
M.Sheik Mohammed Ali
(Expert) 06 February 2012
if the said property is ancestral than all the legal heirs have equal rights, if any one invest on that, others give amicable settlement this my best suggestion.
Deepak Nair
(Expert) 06 February 2012
Dear Mr.Ranbijoy,
You say that hte property is in the name of the elder brother. Then how it can be called as ancestral property??
How the elder brother got this property? did he purchase this or his parents??
How it was transfered to his name??
How can the younger brothers prove that the house was built by the parents and not the elder brother??
R.Ramachandran
(Expert) 06 February 2012
Dear Mr. Sheik,
I think you have not even understood the problem involved. You are trying to treat the same so simply. Always first try to understand the query, the dimensions of the problem and then try to answer. You should also answer that if the problem can be resolved amicably, they may not even approach us for solution.
The problem in this query is there is a plot of land. This plot of land is in the name of one of the brothers - eldest brother.
But the querist says that the building on the said plot was constructed by their parents utilising the funds realised by selling ancestral property and also the parents self-earned money.
The two younger brothers want to treat the said house as 'ancestral property'.
First and foremost, the younger brothers need to prove that the property was built utilising the sale proceeds of the ancestral property. Unless they will be able to prove that, their claim that it is an ancestral property will not succeed! The onus of proving that is on the querist. The elder brother is in a pretty good position since the plot is in his name and any property over the said plot will be his!
The querist should file a suit, claiming that it is ancestral property (on the basis of whatever supporting documents that they have in their possession) and seek interim-stay injuncting the elder brother from selling the property during the pendency of the suit.
Ranabijoy Bhattacharjee
(Querist) 06 February 2012
Thanks Sir,
But I would like to say that the property was registered in elders brother name coz as he was a govt servant so it wud help the family to take loan if needed at that time as such the name of the elder brother was given and it remained...
But the main thing is that the younger brothers dont wish to sell the property as it is their parent house and they have the parents memories in it..whereas the elder brother for the sake of money is doing so without the consent and permission of other two brothers staying in that house...
Isnt their any possible way to restrict the property from selling....
adv. rajeev ( rajoo )
(Expert) 06 February 2012
If the properties are ancestral one then every family member has got equal share as a co-parcener. If the property is in the name of one of the family members and he has got independent incone, in such property other family members have no right or whatsoever. If any body want claim then he has to prove that such property is purchased out of the income of the joint family income.
Nadeem Qureshi
(Expert) 06 February 2012
yes, I agree with JSDN
adverse possession is only one ground, otherwise both the brothers have no rights in this property,
DEFENSE ADVOCATE.-firmaction@g
(Expert) 06 February 2012
