No, he cannot. 

Even though your brother is residing there and paying the maintenance amount regularly, he cannot claim any rights over the property.

If the transfer to you was by a registered deed then you are the absolute owner of the property.

However it is advisable that you enter into a rental agreement with your brother and collect a nominal rent to establish that he is just a tenant there.

Once gift deed is executed duly stamped and registered you are absolute owner of house 

2) merely because he is staying in the said property does not give him any share in property 

3) spending money on maintenance is immaterial 

These cases are very common in various Courts of India. I can understand your concern in this regard. It is a settled law by Hon'ble Supreme Court in case of Nanjegowda (D) by L.Rs. and Ors. Vs. Ramegowda that there can be no adverse possession among the members of one family for want of any animus among them over the land belonging to their family.

Further, only by maintaining the property he doesn't become the owner and no legal right would arise.
In case, the dispute arises within the family then he would try to grab the property.
Therefore, detailed discussion is required in such cases with complete documents.
You may contact my secretary to connect with me for clarification.

No. He can't claim right over the property as the title is in favour of you.

G.Rajaganapathy

Advocate

High Court of Madras

1. As per the information given in the above mentioned query, makes it clear that the Gift Deed is already been given to you.
2. There are many aspects related to the Gift Deed that can only be seen once I should go through it like whether it has some conditions in it for parents take care, any revocation clause, it any etc.
3. No, your brother can live there as long as you wish him to be there, but he cannot claim any right into despite having been incurred some expenses for the maintenance, but without your approval or acceptance for the same in lieu of some return in future.
4. Rest, you can contact me for further details.

By virtue of the gift deed, the title and ownership of the property vests in you legally. Your brother cannot claim any right merely by residing on it or spending money for maintenance.. However, it is better to ask him to vacate it saying that it is required for your own use.

Dear Client,

In the Present Scenario, your brother cannot claim ownership of the house because he is living there, as the property was validly transferred to you via a registered gift deed under the Registration Act, 1908 and the Transfer of Property Act, 1882, making you the legal owner. Mere possession or use does not confer ownership. Furthermore, any money your brother spends on maintaining the property does not give him any legal rights, as voluntary maintenance expenses without an agreement are classified as gratuitous under the Indian Contract Act, 1872, and at most, he could seek reimbursement for the same. However, to prevent future disputes, you can formalize his stay through a leave and license agreement, ensuring it is clear that his occupancy is at your discretion and does not grant ownership rights. Additionally, you may also communicate this in writing that maintenance contributions are voluntary and do not affect your title.

Hope you find this answer beneficial for resolving the dispute.

1. Brother's Claim on Gifted Property:

   • Your brother cannot claim ownership of the property as it has been legally gifted to you through a valid gift deed.

2. Effect of Maintenance Expenses:

   • Spending money on maintenance does not give him any legal right or ownership over the property. He can only seek reimbursement for significant, documented expenses if you agree.

3. Action to Secure Ownership:

   • If necessary, issue a legal notice asking your brother to vacate the property.
   • File an eviction suit if he refuses to leave, as you are the rightful owner.

The gift deed ensures your ownership and protects your legal rights over the property.

For detailed, personalized advice, consider a phone consultancy.

Hope you find the information helpful. You are free to contact me for further discussion.If you could spare two minutes of your time to write a review, It would be really grateful and very happy to read it.

Thank you.

Shubham Goyal

- If the said gift deed is registered in your name , then none having right to claim over that property. 

- Your brother cannot claim ownership on the ground of living into the same and also cannot claim if he spends some money on maintenance of the house. 

- However, long period stay in the property in your hostile possession can be a ground for claiming the ownership.

1. He can of course claim share of the said property on any pretext or other which can not be presumed now.

2. He can challenge the said gift deed alleging that it was availed by exercising coercion or fraud.

3. He can claim legal right stating that he co-owns the said property for which he has maintained/repaired it periodically when you have not bothered to take care of both of yours inherited property.

4. The case will run for years before it is determined.

5. All the above statements can be proved wrong and it might be that your brother will not lodge any such claim.

You can claim the same if your father doesn’t have a will. He can’t claim it unless he has a will in his favour 

it all depends on the intention of the person who is permitted to use and occupy the property

he may very well set up the plea of adverse possession and squat on your property

however since the party is your brother, it is better you talk to him and have some leave and license agreement made so that he cannot claim any higher right of ownership by adverse possession

No there is no question of adverse possession for five years stay. Whatever why do you have to allow him to stay for such  long period, in that case you enter into a rental/lease agreement with him as a formal arrangement to prove that he was a tenant alone in that place. 

limitation period for claiming adverse possession is 12 years

also to claim adverse possession , long stay of a person in the property is not sufficient

the person who claims adverse possession is required to be in hostile possession with a clear intention to oust the true owner and claim the property as his own

so if above the intention is not there, then your brother can be said to be merely a gratuitous licensee

It will not be adverse possession 

you have permitted him to stay as he is family member 

1. There are different aspects of adverse possession being a settled law as of today.
2. No, neither they claim any adverse possession nor they ask for any compensation as per law. Rest, you may have telephonic conversation for detail clarification.

You should ask your brother to leave your house. Stay for 5 years, there shall not be adverse possession. 

1. Brother's Claim:

   • Your brother cannot claim ownership as the property is legally gifted to you through a valid gift deed.
   • Maintenance expenses do not grant him any legal right, though he may request reimbursement for documented costs.

2. Adverse Possession:

   • 
     No adverse possession arises if your brother is living with your permission (even implied). Adverse possession requires:

     • Continuous occupation for 12 years.
     • Hostile claim of ownership against the rightful owner.

3. Future Disputes:

   • To avoid future disputes, issue a notice of permissive occupancy, clarifying that his stay is temporary and with your consent.
   • If he refuses to leave, file an eviction suit as the rightful owner.

4. Compensation Demand:

   • He may demand compensation to vacate, but legally, he has no right to seek it unless agreed by you.

For detailed, personalized advice, consider a phone consultancy.
Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes to write a review, it would be greatly appreciated.

Thank you.
Shubham Goyal

The question of adverse possession cannot arise in your case.

- Only on the ground of living there for the period of 5 years , he cannot claim ownership 

- Further , as you are the legal owner of the said property by way of gift deed, then your brother cannot continued to live there without getting your consent. 

- Adverse possession applied after a period of 12 years living without the consent and information of the owner of the property. 

No there can’t be adverse possession in such a way but it’s better you take legal step soon