Legal Question in Real Estate Law in India
My father died 20 years ago and the property in a prime location in south Delhi India is in my mother's name. However, she does not want to make a will. I have an elder brother who is married and lives elsewhere in Delhi though he keeps visiting this house. My sister is married and lives abroad. My brother refuses to make me party to the share in property and insists that he can alienate me even though I have been taking care of my ailing mother and paying all the bills single-handedly.
What can I do to ensure that the property is legally divided equally between all three siblings? Can my brother claim sole right to the property?
Thank you.
4 Answers from Attorneys
Take will in case you want full property or else apply for partition in which case the property will be divided automatically into 4 parts (3 siblings and 1 mother). In case you wait till mother's death, the property will be auto-division into 3. Under what ground your bro is telling to move you out?
You can ask your mother to gift you this property as will can be challenged by other legal heirs after her death. Or else you have right to file a partition suit after the death of your mother to claim your 1/3rd share in the property.
in case the property is in the name of your mother, it is her wish to give or bequeath it to anyone or let the same be partitioned. however, you may see a lawyer and give all the details of the property and alleged threat and legal remedy would be suggested.
Let your mother decide what is to be done.
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