On mother demise her 50 per cent share in property would devolve on you and your siblings
your brothers can claim share in property as it was bought in joint names
Joint property
I have purchased a property with my earning in mysore. Out of love for mother I included her name in the property. So it's me and my mother equal partners. My mother is a house wife. My mother died in 2020 without a will Now my brothers are claiming right on her share of property. I need my property back with full 100 percent share Please advice.
Asked 3 years ago in Property Law
Religion: Muslim
9 Answers
Have your brothers filed a suit in court for claiming their share? If so, contest it on the ground that the property was purchased wholly out of your earnings and that your mother's name was included in the sale deed only out of your goodwill. You have to produce all the supporting evidence by means of payments made by cheques, Internet transfers or against cash receipts in order to prove your case.
You have to deny your brothers from claiming right over the share of your mother
Their remedy will then be to file a suit to claim that share
You can also file a counter claim in such a suit seeking a declaration that you are 100% owner of the property and your brothers have no right in it
Ideally when another person is joined in a purchase of property out of love and affection then it is a good practice to state so in the sale deed itself so that in future there are no disputes
You need to come contest suit if any filed by your brothers stating that the entire property was bought by your legitimate source of funds and was only for name sake in your mother's name
1. To know whether your brothers' have right over your deceased mother's ownership in the property, one should understand as to, whether the property you and your mother owned was " A joint tenancy or Tenancy in common".
2. If it were to be a "Joint Tenancy", then on the death of one of the owners, the share automatically gets transferred to the other owner ( Survivorship ) and the surviving owner becomes 100% ( Centpercent) owner and the deceased owner's share does not pass to the legal heirs through inheritance in this case.
3. However if the ownership was "Tenancy in common", then on the intestate death of one of the owners, his/her share pass on through inheritance to the legal heirs of the deceased and not through survivorship.
4. If there's no clarity in the sale deed, then " Tenancy in common" will be applied.
5. If you want 100% (Cent Percent) ownership in the property, get registered Release Deed executed in your favour by other legal heirs in the jurisdictional Sub Registrar's Office
Since your mother was the joint owner of the proeprty as per the registered title document, her share in the property after her intestate death shall devolve on her legal heirs in which you are also one of the legal heirs.
Since you have included your mother as the joint owner in the property purchased by you it clearly indicates your intention to give the share of the property equally to your mother, therefore you cannot claim that she was not having any income to purchase the property.
Once the share of property had been given to her in the form of gift, you have relinquished your rights in that property.
Now you are entitled to a share out of her share in the property along with other legal heirs.
Therefore you can compromise with your siblings and arrive at an amicable solution instead of fighting it legally wherein the court may pass an order entitling your siblings for a rightful share in your mother's share of property, which may go agaisnt your interests.
- As per law , after the death of mother intestate , her share in the property would be devolved upon all the legal heirs equally , However, a female will get half of the male share if any .
- If there is only brother then they can also claim his equal share in the 50% share in the property legally.
- However, as your mother was a house wife and you have paid the amount for purchasing the property , then you can file a declaration suit before the court for declaring single owner of the property after submitting the proof of fund.
1. You shall have to file a declaratory suit before the local Indian Court praying for the declaration that the 100% of the said property belonged to you since as per record, you have paid the entire consideration while buying it and also that your late mother was not capable of paying any amount towards her share of the consideration.
2. In the above suit, you shall also have to pray for an order upon the register for deleting your late mother's name as co-owner of the said property from the Deed and also from his records.
Dear Client,
As you added the name of your mother as co-owner so your brother can claim right for the share of your mother and it will be equally distributed among all legal heirs.
Thank You
