Claim against dead parents property
hussain shaikh
(Querist) 22 August 2012
This query is : Resolved
Dear Sir,
We are 2 bros & i stay in the house which was in my fathers name. My father passed away long back & my mom also passed away few years back. My mom has given money to my younger brother to get built/buy a house when she was alive & i am staying in the house which is own by my father. Now my brother claiming that i need a share in this house also which is given to me by my mom. So kindly advise me whether my brother can claim the share in this house. Need you to advise in this matter on urgent basis.
Anirudh
(Expert) 22 August 2012
After the death of your father, your mother might have got 1/8th share, and the remaining 7/8th would have gone equally to you and your brother (assuming that you do not have any sisters.).
If according to you, your mother had given her share to you, there should have been valid gift - (i) by declaration by her (ii) your acceptance of the same. Unless you will be able to prove it, her 1/8th share will go equally to you and your brother.
Assuming that there is no valid gift from your mother of her share (1/8th) in the property to you, the entire property left behind by your father has to be shared both by you and your brother equally.
The fact that your mother had given some money to your younger brother for whatsoever purpose (whether to get built a new house etc.) will be of no help to you. You cannot cite the said reason to deny the share of your brother.
Your brother is entitled to equal share in the property (unless you have proof to show that your mother had validly donated to you her 1/8th share in the property). If you can show valid gift from your mother to you, then also your brother would be entitled to 3.5/8th share in the property.
hussain shaikh
(Querist) 22 August 2012
Sir,
If my mother had given in writing on a stamp paper that my younger bros will not be entitle for any share in this property & the hole property she wish to give to me. So in that case what will be the claim.pls advise
ajay sethi
(Expert) 22 August 2012
a msulim cannot bequeath entire property by will .he can bequeath only 1/3rd property for a will mere wiritng on stamp paper is sufficent. it need not be attested
hussain shaikh
(Querist) 23 August 2012
Sir,
You mean to say that still my brother can claim the share in the property, even after my Mom has given in writing on stamp paper that she has willing giving the property(it's a House)to me.
hussain shaikh
(Querist) 24 August 2012
Sir,
I am still awaiting your advise on the above
hussain shaikh
(Querist) 16 April 2014
Sir can someone forward me a affidavit format to get the income certificate from Govt Tahsil office in Mumbai,
