Property Dispute - Right on Property

Ashish, you said, your father purchased land and constructed flats. Is it hfrom his self earned property of your father? If yes, then, he can give it to anyone he wants to through will. If it is from ancestral property, then all his children will have equal rights over the proerty.  Your elder brother cannot ask for half of the property if it is ancestral, and no one has got rights over father's self earned property.

 You said the property is in the name of your mother and elder brother. So, your mother and elder brother are co-owners and your brother have half share in the property.  Your mother can make a WILL and give her half share  to you and your other 2 brothers and thus can exclude your elder brother from succession in her share.

Dear Suchitra,

Thanks for Your Reply.

Yes the mentioned property was purchesd by my father in Name of My brother (Minor at time of purchse) and my mother who is house maker.

Regards

Sir, I agree with Archana ji.  Your mother can make a will and exclude your elder brother from succession in her share. Your elder brother has to get half of the land proprty.

Dear Archana,

Thanks for your reply.

I don't agree with your points. It would be kind if you can explain in detail if possible.

My arguments:-

How my brother can claim half of the property when he was minor at time of purchase. I dont think law can ignore the decisions of parent that can be in form of registered will. In family its a trend to buy property (Moveable/immovable) in name of elder son. It can't penalise the right of other younger brothers/sisters

Regards.

 Dear Ashish,

Though your elder brother was a minor at the time of purchase. The property purchased in the name of the minor for his benefit becomes his absolute property  and he is the owner of it and now when he has attained majority he has every right to deal with the property in the way he likes. Your mother CAN make a WILL about her share and can exclude your elder brother from succession.

Ashish,  parents will not have any right over minor son's property and once he attains majority, rights are vested fully with him.

Your mother and brother are co-owners of the property. But didn't mention their share hold of the property. When your brother was minor your father purchased, now he (your brother)  attained major. Request your mother write a WILL that major portion of the property she is holding and divide property equal parts by excluding your elder brother.

You have not disclosed in your query as to the religion to which you belong, i.e. whether you belong to Hindu or any other religion. Assuming, you are a Hindu,  your father has put in his money to purchase the property in the name of your mother and your elder brother. Therefore, the transaction is not hit by the provisions of Benami Transactions Act. Your father has put up construction, however, you have not mentioned whether the construction was carried when your elder brother had become a major. If he was a major, then by his conduct, he has acquised to the construction and as such the superstructures would belong to your father and he is entitled to deal with the superstructure as an absolute owner thereof. However, as regards land is concerned, perhaps your father will have to institute a suit to have the same transferred  in his name. Otherwise,  your brother and mother are co-owners and your brothre is entitled to seek partition of his share. Please see the provisions of Indian Easements and Licenses Act as regards ownership right of your father over the superstructures.

Anish, I said so bcoz  generally parents purchase property in the name of their minor children for securing their future i.e., for their benefit only..  I did not mean to say that when a  property is purchased in the name of the minor it is necessary to prove that 'it was purchased for his benefit' or it is legally a condition precedent to purchase a property.... :)