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Raj kumar pandian   10 July 2022

Can me & my brother has share in his self acquired property?

Helo sir,

I am rajkumar, my father name is pandian. My age is 53. I am elder son to my father. I have one younger sister (age 48 married & settled) and one younger brother (age 42, unmarried).

My younger brother name is ram kumar & he is a physically disabled person. He cant walk, stand. He spends his life in wheel chair & bed.

My father  and mother took care of him. My father has 3 self earned properties. In one house i am living with my family, in another house my mom, dad & my brother lived. One more house with 2 shops were rented by my father.
Last year (2021) october month my father passed away, and after that we came to know my father wrote a will and registered that in sub registrar office. In that will he states that all the three properties belongs to my brother and he has all rights to manage or sell it.
Now do me & my sister can claim share in that property. If my brother ask rent from me, can i deny it? Or shud i give rent to him. If he decides to sell it, can i stop him selling legally?.



Learning

 2 Replies

Advocate Bhartesh goyal (advocate)     10 July 2022

No, as per will of your father, you and your sister have no rights/share over properties left by your father. Your brother has right and can ask you to pay rent.As per your father's will your brother is absolute owner of properties so he can sell/transfer the properties to any one as per his wish.

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Raj kumar pandian   11 July 2022

But i am residing in that house since 2001. The house is in my fathers name, but as per the will it belongs to my brother. Do i get any rights in that house as i am staying in that house for nearly 21 years. I never paid rent to my father. But now my brother claiming rent from me. 


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