Legal Question in Real Estate Law in

We are 2 brothers with our mother alive & father, no more.

The property where we all stay in different floors belongs to my mother alone, since it was bought & constructed by them in 1972

My younger brother does not have cordial rather we have strenuous relations with him, both me & my mother. He is asking for a claim on the property being one of the 2 sons, we have no sister.

Is it obligatory on my mother to give him share of the property (house where we stay), as per law or she can completely debar him from these legal rights of inheriting part property as per being Heir class I?

I look forward to your guidance�..


Asked on 9/01/10, 10:04 pm

1 Answer from Attorneys
Vishwa Arya Arya & Co.

from your facts, it is not clear whether your father had name in the property or not?

if not, and that is if your mother is the sole owner, she may distribute the property according to her choice and debar your brother.

But if your father had a name in the property, and father died without a will, then your fathers right / share will be distributed amongst mother you and brother in equal share

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Answered on 9/03/10, 10:26 am


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