My property under my mother name
Ajit Kumar
(Querist) 27 August 2018
This query is : Open
We are 4 brothers with no sisters, 2 elder to me and one younger to me. Our house is in my mothers name, which consists of 3 floors in bangalore, ground floor occupied by parents and my unmarried/unemployed second brother, first floor is occupied by my 4th brother and second floor is occupied by my eldest brother. and the 3rd floor is rented out (Small house which is only one room) I was out of country for work from past 10 years, during this time my brothers occupied each floor and they have made modifications with out telling me and they say they have took their share.
Earlier I was the only earning member where i took bank loans which was used for the property, i have very little evidence being paid to my father, Also during my tenure abroad with my savings i paid for purchase of land, but was paid from my bank account. Since i live abroad i asked my mother to get it registered under her name.
Unfortunately i i lost job and had to return back to India, i stayed for 2 moths then my mother asked me to leave the house and she is refusing to give my land or any share from her property, i am not sure if she has made a will. She has been supporting my brothers than me.
If she has made a will, how can i file a case for property and my land which is under my mothers name.
Guest
(Expert) 27 August 2018
Neither will of your mother has any relevance, nor your claim, nor your brother's claims over the property during her life time, if the property is in your mothe's name.
Any litigation may make you more poor than you are now. That will be besides waste of your precious time for years together. Your mother can dispose of the property in any manner, she likes, e.g., sale or gift to anyone.
Despite investment made by you in land, since you have stated that you do not have any proof of investment when the property is registered in your mother's name, better take help of your nears and dears to mediate between your parents & brothers to help you and convince your mother to formally give you a share in property. Payment from your bank, if not directly made to the seller of the property also bears no proof. Payment made to your father or mother out of your bank account will be treated merely a fulfillment of your obligations towards your parent out of affection.
Any legal recourse may prove to be harmful to your interest, at least during the life time of your mother.
ashok kumar singh
(Expert) 28 August 2018
agree with the earlier experts opinion, thanks, ashok kumar singh, advocate
Ajit Kumar
(Querist) 28 August 2018
when i purchased land i paid full money from my account to the seller of the land, As advised i shall go for negotiation with my parents, if my mother agrees to make a gift deed of land in my name, can my brothers claim after her death or if i want to sell the land after it is transferred to me, will that needs my brothers signatures as witness for the sale deed.
