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.


Asked on 6/04/07, 1:04 am

8 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: share in mothers property

ur brother is entitled to his share.

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Answered on 6/04/07, 11:09 pm
Nandita Haldipur Haldipur Associates

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.

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Answered on 6/07/07, 9:46 am
Vivek Mapara Mapara Law Firm

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.

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Answered on 6/04/07, 1:51 am
vimal shanthilal Vimal Law Associates

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.

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Answered on 6/04/07, 2:52 am
rajeshwar sharma rajeshwarnathsharma

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.

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Answered on 6/04/07, 4:44 am
BANKIMCHANDRA SHAH ADVOCATE DIGVIJAYA CONSULTANCY SERVICES

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.

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Answered on 6/04/07, 4:50 am

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.

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Answered on 6/04/07, 7:51 am
G. M. Gupta gmguptaandassociates

Re: share in mothers property

yes he can seek the share and may succeed.

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Answered on 6/04/07, 1:20 pm


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