Query regarding right of share in a property
Mr Ab
(Querist) 17 April 2012
This query is : Resolved
We are 3 brothers and 1 sister.I am in mumbai and both my brothers are out of mumbai.I was staying with my mom in her room.My mother had not made any will and after she passed away one of my brother asked for his share so we gave him around 6 lacs after dividing the property into three and detucting 33% beause it was a "paghadi".at that time i told my second brother also to take money but he didnt took. now the propert is getting developed and now he is asking for his share in the said room.My sister is married and dont want any share in that property.my question is
1) can my brother claim for share leagally even if they were not staying with my mom from last 20 years.
2)the said room is re-devoloping an now he is asking share as per new area.do i have to pay as per new area because my mom died before the property was being developed.
3)from all these years i have paid all the rents and bills of the house and they haven`t paid anything.
4)Can i ask for one more share(i.e 1each to my brothers and 2 mine) as i was staying with my mother and i took care of her?
ajay sethi
(Expert) 17 April 2012
as son it is your duty to take care of your parents . if you havespent some money on her you cant ask your pound of flesh in return .
it is better to settle with our borthers as in case of dsputes builder wont allot premises to any legal heir . present a united front before builder .
has the rent receipt been transferred in your name ? or it is still in name of your mother
Shonee Kapoor
(Expert) 17 April 2012
yes, he can claim it legally.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 17 April 2012
Yes is the answer for the first 2 queries.
For the last two you have make adjustment with your brother but if your brother make claim from the developer you can not restrain him.
Mr Ab
(Querist) 18 April 2012
To Ajay Sethi,
the original landlord had sold his rights to a developer long back and we were not paying any rent as no one was coming to collect the rent.
ajay sethi
(Expert) 18 April 2012
if you were not paying rent you dont have rent receipts . if landlord sold rights to developer you should have written letters to ladlord/developer offering to pay rent .
present a united front or developer will defraud your family
