Legal Question in Family Law in India
share in mothers property
Dear Sir
we are three brothers.One elder brother left from our family and living separately. But there is no partition made till now. My mother dont want to give any share to my elder brother.
Let me know that in future is there any legal chance to stake any claim by my brother in the above share.
And also the property was purchased out of joint family income that is when my brother was in my family.
Please clarify this kindly sir.
8 Answers from Attorneys
Re: share in mothers property
ur brother is entitled to his share.
Re: share in mothers property
if it is joint family property then your brother has a share in it your mother cannot deprive him of eth same . He can always file a suit for partition.
Re: share in mothers property
Every member of the family has a share in the joint family property. Your brother is entitled to his share in the property, unless he release the same. There is no way can his share be detained by your mother.
He can file suit for partition any time.
Re: share in mothers property
Your brother is entitled for a share in the property, if it is purchased out of joint income of the family, where he has made his contribution whether he stays with you or not. Your mother's wish will have no say in the matter, if you brother goes for a litigation. Mutual negotiation is best solution to your problem.
Re: share in mothers property
Your elder brother is legally to his share in the property which was purchased out of joint family income and at that time your elder brother was residing with you.
Re: share in mothers property
I do not agree with the answers given by the other three lawyers. Please contact on 09426101233 or contact any other appropriate lawyer who can find the way out after discussing the matter properly.
Thanks,
With regards,
Bankimchandra Shah
Advocate and Legal Consultant,
Surat.
Re: share in mothers property
Your brother has every right to share in joint family property and he can assert his right by claiming the share in property by way of partition suit.so the wishes of your mother has nothing to in this regard.
Re: share in mothers property
yes he can seek the share and may succeed.