Right in property in elder brother

Querist : Anonymous (Querist) 14 August 2024 This query is : Resolved
My father was government officer and becaus of not having time my elder brother used to take care family and land at native place.my father given his name in several property and now my elder brother is denying to give right .he was not having any other resources of getting money

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SIVARAMAPRASAD KAPPAGANTU (Expert) 14 August 2024
What your father is doing now?
Is the said property self acquired or ancestral property?

kavksatyanarayana (Expert) 14 August 2024
Yes. Your query lacks clarity. Did your father retire or not and is the property ancestral or your father's own?

Querist : Anonymous (Querist) 14 August 2024
He was in government job..he left us in 2020.still we have joint family..Mother is with us .I stay in Mumbai and he stays at patna.we have some plots in main town patna that has good worth in crores.i also helped in his two daughers marriage but now he is not ready to give in property that is in his name rest we have ancestors property that's has no problem..I do have mynown business and my elder brother still manages our ancestors property.pls guide

SIVARAMAPRASAD KAPPAGANTU (Expert) 14 August 2024
As per your latest clarification, your Father passed away in 2020, there are ancestral properties in Patna and your brother has certain properties in his name. Now, you say some properties in Patna are ancestral. What exactly do you mean by ancestral? Are properties related to your grandfather and are there claimants besides your deceased father? Or the properties your father acquired with his funds, which you are calling ancestral?

Unless you give details clearly and cogently, clarification shall be difficult.

Please note that the properties in the name of your brother are his own and nobody can have a claim on such properties.

Possibility of litigation is there only with regard to other properties, which you are calling ancestral. If those properties are self acquired by your father, did he leave a Will? or he passed away without writing a will?

Querist : Anonymous (Querist) 14 August 2024
Hi,my father bought 10 property (patna a commercial land and rest agricultural)in the name of elder brother that's I want also share because our father paid whole amount he doesn't had any source of income and rest we have ancestors property and those are still at my father name so only issues is with 10 property..No will have written by my father .My elder brother is just taking benefits of his absence.

SIVARAMAPRASAD KAPPAGANTU (Expert) 14 August 2024
There are 10 properties in the name of your brother and he has been enjoying, which you say are in fact purchased by your father in the name of your brother. You may show copies of the Sale Deed/s or public copies of the said Sale Deeds to a Lawyer for his examination of the text of the sale deed to see how the transaction was recorded. Without examining the relevant copies of the title deeds, it will be difficult to clarify. And, even if we hazard a guess it will be a guess only and most probably futile for your purpose. Therefore, please approach a good and reliable Lawyer.

I am afraid it will be a long drawn legal battle. Therefore, you may involve family elders and resolve the issue through discussion and persuasion.

Querist : Anonymous (Querist) 14 August 2024
Thanks for your guidance..

T. Kalaiselvan, Advocate (Expert) 15 August 2024
If you have evidence to prove that your father funded for the purchase of the property, you and other legal heirs of your deceased father can file a suit to declare the title jointly along with your paternal uncle and to partition and allot your legitimate share that your father would have been entitled.

Sudhir Kumar, Advocate (Expert) 15 August 2024
come clear. whether Any property been transferrred to your brother a owner?
ANY will?

kavksatyanarayana (Expert) 15 August 2024
Your father purchased the property with his funds in your brother's name. So you and the other heirs of your father have sufficient evidence/proof that your father purchased the property in your brother's name and file a suit for declaration. Otherwise, you cannot claim about 10 properties that are in your brother's name.

P. Venu (Expert) 18 August 2024
You have the option to file a suit for partition of all the properties which belonged to your late father , including those which are in your brother's name pleading specifically that those properties had been purchased with father's funds and that the brother had no source for funds at that point of time.