Is any legal obligation for me to share the property within my brothers and sister
1 week ago
Dear Sir
My father has purchased a home in varanasi city on my elder brother name when he was minor or an age of less than 18 Years old
It was late 1980
Since 2003 the property was on his name only
After 2003 my mother transfered the property on her own name due to my elder brothers miss conducts in life
But before the registrate gift to my mother he took a mortgaged loan and original paper are in bank custody as mortgaged
After few years when my mother came to know that my brother has been defaulters to the bank
Then I paid the loan and freed the property
After that my mother has gifted the property to me
Now I have transferred property in my name After my mother death
Now one my sister claiming and sent a legal notice for her share in the property
Since I have 6 brothers and 4 sisters all meried
Father and mother both dead
Is any legal obligation for me to share the property within my brothers and sister
Kindly advise
When your father bought the property in the name of your elder brother he will be considered a registered owner of the said property and until and unless a registered owner relinquishes his ownership right either by a registered deed of gift or deed of relinquishment, nobody can get the ownership of the said property. Now the question arises of how your mother acquired ownership of that property when your elder brother matured in the year 2003 in the absence of any deed of gift or relinquishment of right to said property. So, for a property having disputed title or ownership, a legal heir can raise his or her claim for a share in the said property following the law of succession or inheritance. If the claimant succeeds in proving that the donor has no title or ownership of the property gifted the same to others, the Court may pass an order cancelling the said deed of gift based on which you are claiming its ownership and pass an order in favour of legal heirs/claimant. A property bought by a person in the name of any family member having no independent source of income is considered as property of the family and all the legal heirs are entitled to an equal share in the said property. Reach out to an Advocate experienced in civil and property matters for guidance and steps.
All children of your parents have a right to equal share in the property regardless if it is a male or a female but only in the circumstance of a partition or will or when died intestate. But when the property was specifically given through a gift deed then the gift can not be revoked unless the consent to give that gift was obtained fraudulently. hence the transer should be a gift.
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