Property was bought in mother Jane for benefit of joint family 

brother can claim share in property 

better arrive at settlement with brother 

property us self acquired property of your mother even if sale consideration was paid by your father. your brother donot have any right to share. There is no requirement of any NOC. 

This becomes your mother's self acquired property even though your father has funded for the purchase of the property.

Therefore she has full rights in the property including the rights to transfer the property to anyone of her choice and by any mode.

Your brother's threats are not maintainable and you don't have to be worried about it.

You can very well enforce the Will when it becomes effective and take possession of the property.

You need to keep  stand that your parents were in proper medical condition during the execution of will. He may file a suit and will tray to prove that they were not in sound state while execution of will. You need to contest the same

It all depends on your brother 

He can very well file a suit to claim his share in the property on the ground that the mother was merely a benamindar and the true owner was the father 

In that event you will have to prove that your father intended to make your mother the owner by contributing money for purchase of the property in her name and therefore your mother became the exclusive owner of the property and her Will is valid 

Is the WILL registered?

Is it handwritten?

Attested by atleast two witness?

The WILL takes effect only after the person's demise.

If she is of sound mental health and capable of disposition, you can get the registrar at home to execute the settlement in favour of you.

G.Rajaganapathy

Advocate

High Court of Madras

As you say your father bought a property in your mother's name, your brother's contention that it is not your mother's self-acquired one is valid. In view of your father's health condition, it may not be possible to obtain any legally valid document from him now. In the circumstances, it is better to ignore your mother's Will and share the property after her lifetime with your brother.

Dear Client,

In the Present Scenario, the property has been registered in your mother's name, making her the legal owner of the property, regardless of the fact that your father funded its purchase, as per the Benami Transactions (Prohibition) Act, which allows such transactions between spouses. No, since your mother has written a valid will bequeathing the property to you, upon her death, it should transfer to you as per the Indian Succession Act, 1925, provided the will is properly executed, in accordance to the Indian Legal Framework. Herein, your brother's claim of co-ownership does not have strength unless he can prove the will invalid, your mother’s lack of mental capacity when it was executed, or establish that your father has a joint interest overriding the will. However, if your father's consent is required here, for any of the legal formalities, you may defend the same by granting a medical certificate of his condition. In the event of your mother’s death, you should probate the will in court to establish its validity, and in case your brother files a suit, the case would mostly fall under the Hindu Succession Act, 1956.

Hope you find this answer beneficial for resolving the dispute.

1. Will Written by Mother:

   • Since the property is in your mother’s name, she has full legal rights to dispose of it through a will, even if it was purchased by your father.
   • The will must be registered to strengthen its validity.

2. Brother’s Claim:

   • The property is not ancestral, so your brother does not have an automatic right to it.
   • If the will is valid and properly executed, your brother cannot claim equal ownership.

3. Steps to Secure Ownership:

   • 
     Ensure Will Validity: Verify the will is properly signed, witnessed, and preferably registered.
   • 
     Gather Medical Records: Collect evidence of your mother’s sound mind when the will was written (if challenged).
   • 
     Father’s NOC: An NOC from your father is not legally required for the property transfer if your mother’s will is valid.

4. If Parents Pass Away:

   • 
     Probate the Will: After your mother’s death, apply for probate to execute the will and transfer the property to your name.
   • If your brother contests, the probate process will address his objections.

5. In Case of Legal Disputes:

   • Keep documentation ready (e.g., will, property papers, proof of purchase by your father in your mother’s name).
   • Engage a property lawyer to defend the will and your rights.

6. Preventive Steps:

   • If possible, get a gift deed from your mother transferring the property to you. It is irrevocable and avoids disputes later but requires registration and stamp duty.

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