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Tallapakam (Engineer)     30 December 2015

Myelderbrothersproperty

Hi,

We are 3 brothers and 2 sisters. Me, my younger brother, my sisters are got married and my elder brother remains unmarried. We have some agriculture land at my native place, which is transferred to my elder brother’s name after my father’s death 28 years back.

My elder brother constructed a house with his own earnings, and doesn’t accept single penny from us (either from me or from my younger brother), and it is registered on his own name 25 years back.

After few years, we got divided into different families with sharing of agriculture land for me and my younger brother, and not given any property to my elder brother as he has his own house.  My children are brought up by my elder brother from their childhood. As my elder brother not married, now he has written a will, which specifying that the house constructed by him will give to my sons and registered properly.

Now my younger brother asking share in that house by saying that he has given some money for this house construction when we are in single family for which he doesn’t have any proof other than that by saying it is a mutual property.

Please let us know is there any chance that he/my sisters can get share in that house legally (by saying it is a mutual property). 

Thanks in advance.



Learning

 4 Replies

saravanan s (legal advisor)     30 December 2015

since the house is registered on your brothers name noone else cant claim on it and he is free to will it anyone he wishes to give

Tallapakam (Engineer)     30 December 2015

Hi, is there any chance that my younger brother can file a pill by saying it is mutual property as the house is built when we are staying as single family.

Laxmi Kant Joshi (Advocate )     30 December 2015

You didn't mention by which process your elder brother get transffered the property in his name by gift deed or by will, the land on which the house is constructed is self purchased by your brother or not, mention these points for better legal advise.

Tallapakam (Engineer)     30 December 2015

Hi, The land in which he constructed the house was self purcheased by my brother (on his own earnings).


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