House
Querist :
Anonymous
(Querist) 13 January 2012
This query is : Resolved
I live in a house which was transfered in the name of my brother & mother upon the death of my father. It was purchased with my father's money and he died without a will. Six months ago, my mother passed away without leaving a will. Do i get a share in the house? Can my brother force me to leave the house?
ajay sethi
(Expert) 13 January 2012
did you give an NOC fro transfer of house in name of your mother and brother ?
you along with your brother and mother were legal heirs to house as your fther died intestate .
you have share in house as your mother has not left behind any will .
Sailesh Kumar Shah
(Expert) 13 January 2012
Do i get a share in the house?
Answer:Now,you and your brother have equal share in property.
Can my brother force me to leave the house?
Answer:no
Sankaranarayanan
(Expert) 13 January 2012
if you are unable to answer the question of mr sethi by yes then you are eligible for the share.
Deepak Nair
(Expert) 13 January 2012
Your Father transfered his self earned property to your brother and mother. Thus the property is equally owned by your brother and mother.
Now, after the death of your mother, you and your brother have equal right on your mother's share.
Thus, in my view, your brother have 3/4 (his own + half of mother's) shanre and you have 1/4 share in the said house.
Raj Kumar Makkad
(Expert) 13 January 2012
#Rajeev Kumar!
May I know with whom expert you are agree as there are contradictory views of the experts?
Raj Kumar Makkad
(Expert) 13 January 2012
As the author has clearly given the facts that after demise of his father the entire share was divided in the name of his brother and mother so his brother became owner of 50% and rest 50% was retained by their mother who has expired now. The share of 50% retained by your mother shall further be divided in 1/2 share in favour of you both brothers.
In nutshell you shall retain 1/4 share and your brother 3/4 share as per facts supplied by you.
Raj Kumar Makkad
(Expert) 13 January 2012
#Shah! It seems that you also left something to read in the query.
Advocate. Arunagiri
(Expert) 13 January 2012
Your mother's share of property can be equally shared by all the legal heirs.
V R SHROFF
(Expert) 13 January 2012
I recommend Shailesh Shah'a advise.
M/s. Y-not legal services
(Expert) 13 January 2012
yes as per your given facts you are entitled to get 1/4th share.,
unless you not challenge the earlier transaction you not entitled to claim equal share..
brother+mother = 1 = 1/2+1/2.
so now you and your brother have equal share of your mother's 1/2 share. 1/2=1/4+1/4
so 3/4 to your brother, 1/4 to you..
-tom-
prabhakar singh
(Expert) 14 January 2012
All guesses are due to you anonymous.
your words as they run"I live in a house which was transfered in the name of my brother & mother upon the death of my father"
IF YOU MEAN THE TRANSFER WAS BY MUTATION AS YOUR FATHER DID NOT WRITE ANY WILL,THEN SIMPLY BECAUSE YOUR NAME WAS NOT MUTATED UPON YOUR FATHER'S DEATH DOES NOT DEPRIVE YOU OF SUCCESSION AND THEN YOU HAVE 1/2 SHARE AT PRESENT AS MR.SHAH HAS OPINED.
BUT IF THAT MUTATION HAS BEEN FOR LAST 12 YEARS AND YOUR BROTHERS PLEAD YOUR HOSTILE OUSTER BY HIM AND SUCCEEDS TO PROVE ALSO IN COURT THEN THINGS MAY TAKE SEVERAL TURNS NOT ONLY WHAT MR.DEEPAK OR MR.MAKKAD OR OTHERS HAVE ANTICIPATED.TO EXPLORE THOSE THINGS A LOT OF FACTS ARE REQUIRED TO BE HAD.
Querist :
Anonymous
(Querist) 14 January 2012
Let me provide a few more details. Upon the death of my father 6 years ago, my bother made me sign some legal documents for the house saying that they needed my signature to get back the title deed from the bank. The papers said that I have no objection in releasing my share in favour of my mother and brother. I expressed my concern to my mother but she told me not to worry because she will leave her entire share to me in the will. Well, she never wrote a will !
Can i get my share in the house? If so, how? I heard from a relative that my brother now wants to sell the house. I live in the house and have no other place to go. Can he sell the house and force me out?
Devajyoti Barman
(Expert) 14 January 2012
That letter has no value.
File a suit for partition and get back your share.
Nothing to worry.
Raj Kumar Makkad
(Expert) 19 January 2012
You have already been advised on all aspects. You cannot be thrown out of the house because you have 1/4 share therein. You can also get stay order from court against the sale of your house.
