Mother named property to share with two sons
Nilesh Patel
(Querist) 24 March 2013
This query is : Resolved
Hi Dear. Sir / Madam
I would Like to Have Advice about my Problem i am Staying in Africa since 2003 and i have come to Africa with my money now i have been sending money to India to buy a house in India Ahmadabad before my my father had hose he sold it with 95,000/ Rupee to buy a new hose and i have given my money 200,000/ lac to my father to buy new house but my father Resisted that house to my Mother's Name then i cam india and i got married still i have send money 250,000/ Lac to my father to Build second Flour no w my father is past away. and elder Brother is demanding for partition. he has not given any money to Build that house only that he was staying with Mother and father and was giving his salary to home Expanse.so is it fare what he is demanding according to low. so my Question is how to manage this condition and how to do share with My self, My Mother and My Brother Please advice me my E-Mail ID nilesh10978@yahoo.com
Devajyoti Barman
(Expert) 24 March 2013
Since the house was purchased in your mother's name , you brother claiming his share.
You can claim back the house but that would be a very tedious process to prove usage of your income only to build the house especially when both of your parents are gone.
You better settle this dispute with your brother out of court by making some payment of money.
Raj Kumar Makkad
(Expert) 24 March 2013
+Mr. Barman! The mother of the querist is still alive.
+Author! As the house property is still in the name of your alive mother so better to get that house transferred in your name by way of a registered gift deed if your mother is ready for that otherwise your mother is the exclusive owner to that house and she is free to make any arrangement qua that house as per her own whims and wishes. She may even make will of the entire house in favour of your elder brother though it may not be fair as per your words.
It shall be better if your mother during her life time, gifts the house property equally in favour of both of you brothers or some more share may be given to you keeping in view the documentary evidence of your spending money over the construction of the house.
Devajyoti Barman
(Expert) 24 March 2013
Yes, I overlooked that.
Your mother can gift her share to any of you.
Raj Kumar Makkad
(Expert) 24 March 2013
Thanks Barman for correcting your reply.
Nilesh Patel
(Querist) 25 March 2013
Thank you very Much to Advice me Mr. Raj Kumar and Mr. Devajyoti Barman
Sir. is there any way to make 3 share to 1 my self 2. My Brother 3. My Mother as see is want to do. because my brother and his wife is disturb her to much and daily after my father is past away. and i am staying in africa currently. thats why my mother wants to share in to 3 share as i given particular. or is there any way to get it on my name only please advice me
once again i thank you for advice me.
Nilesh Patel
(Querist) 25 March 2013
Sir Even i want to share in to three share and i pay third share money to my brother and i keep house on my name and some share on my mothers name is it ok.
our house is two flour house. as i am staying in Africa my mother can stay ground flour and she can give second flour on rent so see can stay peacefully. this what i wish
to do. so what is the process i have to do legally on paper so my brother can not torture my mom after i come back to africa Please please advice me Sir
