Claim - sibling's right on father's property

If the house is in your name and in your deceased brother's joint name, your brother's wife has got 1/2 share in that house. 

Thanks Adv. Rajeev,

My deceased brother is not co-owner of that house, as far as I understood, my SIL cannot claim her share in that house as it is transferred on my name in the presence of my father.

Thanks.

If the records indicate that you are the only holder then she is not the co-owner. But it seems that there is a registered gift deed stating that the property was gifted to bith you and your brother. If it is so and if your brother's rights were not extinguished by another registered document even if his name is not on record, your SiL can lay a claim to the share.

S Jadhav

Thanks Adv. Jadhav,

Sorry I didn't understand, my way of questioning is not clear. Let me rephrase the question

Four brothers - A (mentally ill), B (expired), C (married), D (married)

After B has expired, while father was still alive - Property on A's name (father earned) initially gift deed then converted to sale deed on C & D 

What is the right of B's wife on property?

Thanks!

You have stated that there was a gift deed which was then converted to a sale deed from A to C & D. I am assuming these deeds are valid as A was competent to execute the deeds as on the date of execution (he is shown as mentally ill in your repsonse above).

Then C & D are both joint owners. Hence your brother also is the owner and after his death your sister in law will have a share in it.

If yiu had paid her some money in lieu of her share in the property then you should have a registered document stating the consideration given and that she has transferred her share in your name and received the consideration. Also this deed should take care of any minor children she may have had.

S Jadhav

Thanks Adv.Jadhav,

As we C & D constructed house on land how to give my Sil's (wife of B) share.

Did you get any deed of renounciation when you handed her the share of your brother? If not, she has got 50% right in the property because it is registered in the joint names of your self and your deceased brother and she as a widow of the deceased would bequeth it.

Did you get any deed of renounciation when you handed her the amount of  your brother's share?

If not, she has got 50% right in the property because it is registered in the joint names of

your self and your deceased brother and she as a widow of the deceased would bequeth it.

You can't avoid it saying that it is your father's property. In the eye of law, it is yours property 

owned  jointly with your deceased brother.

Even if you have already constructed the house, you will have to give her a share. You may give it in money or otherwise (e.g. another property or house or a vehicle etc. of equivalent value that she agrees on).

But why don't you discuss with her that you have already given her a rightful share and make a release/renunciation deed or a quit claim. If you have good relations with her this should not be a problem.

S Jadhav

Even if you have already constructed the house, you will have to give her a share. You may give it in money or otherwise (e.g. another property or house or a vehicle etc. of equivalent value that she agrees on).

But why don't you discuss with her that you have already given her a rightful share and make a release/renunciation deed or a quit claim. If you have good relations with her this should not be a problem.

S Jadhav