Hi, I shall be very grateful and would highly appreciate if you could advice me on the below property queries: My grandmother (expired) had a 3 floored house in HYD. She has 3 sons and she has distributed each of the floors to each of the sons. Ground floor came as my Dad's share. My dad has 4 kids (2 sons & 2 daughters) and he got that ground floor registered on my elder brother's name (Ajay) in year 2000, instead on his name. My dad was in service and in 1995, he paid a bulk deposit and leased a shop on my elder brother's name (Ajay) and that shop is currently running and would still be running for the next 10 years or so. My dad and brother both looked/looking after that shop. In 2006, my dad bought an apartment on my elder brother's name (Ajay) and my mom's name. Because the shop is on Ajay's name and for loan purposes he had to book it on joint names. In 2012, my dad bought an empty land in SEC on Ajay's name (60% paid by dad and 40% payments went from shop). My dad has also bought few other lands but purely on mom's name. Both my sister's have worked 5 yrs each and have contributed almost 90% of their salaries to parents, before marriage. I am the youngest and have contributed tens of lakhs of rupees to my parents in the last 10 yrs. Basically, over the years, everyone felt as a family and have contributed strongly from their end. My mom has demised recently and to apply for the legal heir certificate, property discussion has started. We all happily agreed to give bigger share to Ajay but out of greed, Ajay is claiming that HYD ground floor house was gifted to him by our grand mother, shop belongs to him as its on his name, apartment belongs to him as the loan was on his name and SEC land belongs to him as the land is on his name. 1. Myself and my 2 elder sisters are also the grand children of our grand mother. Don't we have right in that property? Now that the ground floor is on Ajay's name, can't we put up a case and claim our share? 2. As the shop is leased on Ajay's name, can't we claim our share in it? 3. Apartment is on Ajay's name & Mom's name - can't we claim our share in it? 4. SEC land is on Ajay's name - Can anything be done so that it's equally shared? 5. Overall, can we make Ajay to share the properties by any means or is this something that he is totally secured as most of the properties are on his name and we can't do anything? 6. Worst case if Ajay doesn't agree to anything, can we actually put up a case against Ajay and not make him take the shop earnings and property rents until the property issue is resolved fairly? Tons of thanks in advance! Regards
If gift deed executed in brother name he would be absolute owner of property
2) in respect of other properties if father had bought them in brother name you can claim share in property as bought for benefit of joint family in brother name
3) you can file suit for partition for division of properties by metes and bounds
4) seek injunction restraining sale of properties and deposit of rentals in court
As at present the succession has opened only of the apartment which is in the joint names of your late mother and Ajay
The other properties were purchased by your father in Ajay's names and therefore the succession to those will open only after your father's demise, unless prior to that, there is a family settlement for redistribution of property among the family members
As of now your late mother was 50% owner of the apartment and after her demise, her 50% will go to her legal heirs, who are her spouse and children.
If you wish to claim on the other 50% which is held by Ajay on basis that there were contributions by you and your sisters, then a suit will have to be filed for inclusion of the names of the other siblings in the property records for that apartment as Ajay was only made an ostensible owner with the mother as a part of family arrangement and convenience.
Hi, you can file a suit for partition and claiming your share. You must take a contention that the business is running under HUF and all the members have contributed in one way or other while purchasing the property, so it has become the joint family properties all of you have entitled for share in the property.
1. You have right too.
2. You can
3. Yes
4. For everything first send them legal notice and later file partition suit.
5
Before starting a battle try for amicable settlement. Most of the properties are his own name. In joint property of mother with ajay , mothers share has to be allotted to her legal heirs after her demise. If Ajay is not amenable to good settlement file a suit for partition. Meet a local lawyer .
1) if your father were paying tax as HUF or individual that's need to know us.
2) You can file case for property distribution as per HUF dissolution no matter whether property are on his name.
As your are centric to your claim and share in the properties originally owned by your father but are in name of your elder brother, the clubbed answer to your queries is as under:
1. So far as the ground floor of house is concerned, you and your sisters can claim partition of it only if the said ground floor was registered in name of your father and thereafter was not transferred by way of registered gift deed.
2. You would fail to claim any right in the leased shop, however you may claim your rights in the share of profit that belonged to your father and also seek injunction from the civil court against your elder brother's access to income from the shop.
3. For the apartment purchased in joint name of your mother and your elder brother, you can claim succession rights qua the portion of your mother. i.e. if your mother is 50% holding share in the apartment then you and your sisters are entitled to claim 1/8th share each.
4.So far as SEC land is concerned, it will be difficult for you to practically prove that payment was done by father and from shop. Unless you have financial statements to prove the same, you cannot claim any share in it as the land records show the title of such land in name of your elder brother.
5. For few of the lands exclusively purchased in name of your mother, you and your sisters can claim 1/4th share in each such property by preferring partition suit.
Considering the above positions of each property in which you are claiming your right, it is advisable for you to prefer a suit for declaration and permanent injunction for the properties which are in name of your elder brother and your father has invested money into it.
For rest of the properties you need to file a common suit for partition claiming your share in the properties.
Once both the suits are filed, place an civil miscellaneous application under Order 40 Rule 1 of CPC in both the suits for appointment of receiver until the suits are finally disposed off. This will help you to take care of all the properties and get the profits distributed proportionately between you 4 siblings until the final disposal of the case and would cease your brother from taking undue advantage of the properties running in his name.
1. Since the property on the ground floor was transferred to your elder brother by a registered deed, he becomes the absolute owner with clear and marketable title to the property.
This is neither an ancestral property nor succeeded by intestate inheritance by your elder brother, hence the property that stands registered on his name exclusively, shall be his own and absolute property in which neither you nor anyone has any claim for a share in it as a right.
However the property jointly owned by your brother and your mother shall, insofar as your mother's share in it is concerned, shall devolve on all her legal heirs equally, in that caser your elder brother also shall be entitled to a rightful share out of your mothers' share in that property.
2. If the shop has been leased out to his name then the title to that shop is open, however you may ascertain whether the same has been registered on his name or the title to that shop still remains ion your father's name.
If the title to that shop has not been transferred to your brother's name, then that property shall devolve on all the legal heirs of your father (if your father is not living now).
3. Read the answer given in the first answer above in this context.
4. The SEC property bought by a registered sale deed on your brother's name shall be legally his own and absolute property because the title deed is on his name.
5. If you decide to fight it out legally, the documentary evidences are strongly in his favor to establish his title in most of the properties, hence you may better negotiate and arrive at an amicable compromise solution so that you are not denied with the privilege.
6. Read the above answer.
