Hi, when the registration of the sale deed is in the joint name of two brothers and even though the elder brother has not contributed financially to the construction of the house as his name is appear in the registered sale deed he has 50% share in the property.
Property dispute amongst my brothers
My Father used his retirement money to build a house in suburban Howrah in 1996. My younger brother helped build the house and infact put some of his own money in building the house. But he registered the house in the name of both my brothers. My elder brother was busy with his job and never did any expense or maintenance for the house or his parents. My younger brother and his family stays with my parents. My dad is a central govt pensioner. My brother has been living in the house and maintaining the house and my parents with his own income. Now after 18 years my elder brother has no income and has come back to the house demanding a share in the house. The house is constructed in such a way that physical division is not possible. My parents are alive and they want him to leave and go back to his family in Hyderabad. What are the options available with my younger brother and parents. My younger brother has tracability of all the money that was used from his account in building the house which proves that my elder brother did not contribute in building the house. Can my parents ask him to leave the house? Please advise. I am a married and only sister to them and I have no interest in the house.
Asked 10 years ago in Property Law
9 Answers
I know that my parents have made this mistake and he owns 50% of the property that is no brainer. My questions is what options to my parents have. Property cases go on for years. Is a settlement possible? Why am I giving you hints.. I expect you to answer. Please not Pradeep.
Asked 10 years ago
Hi, if both parties are agreed for the settlement then ask your brother to execute release his share 50% and ask him to executing registered release deed in favour of younger brother and in turn your parents or younger brother has to pay the money to him as agreed by way of settlement so that your parents and younger brother will be safe.
The elder brother can claim his share over the property by way of suit of partition.
Your parents can not restrict his claim for share and sooner than later he will get his share.
1) it should be your father case that that house was bought for benefit of joint family that all family members were joint owners of the property
2) it should be specifically pleaded that his 2 sons were trustees for benefit of joint family .
3) that your father retirement money was used for purchase of the house and no contribution was made by elder brother .
4) your father should seek an injunction restraining his son from interfering with peaceful possession of the house purchased for benefit of joint hindu family
1. Your parents have no role to play here,
2. The property is equally owned by both the brothers,
3. Your younger brother can file a declaratory suit praying for declaration that the property belongs to him since he has paid the entire consideration and your elder brother has not contributed anything,
4. Your parents can be important witness in this case infavour of your younger brother.
1. Yes, settlement deed or relinquishment deed to be executed by your elder brother is possible,
2. Such deed duly relinquishing his share or settling the entire property in favour of your younger brother will solve all the problems,
3. In the above event, probably he will demand some payment,
4. Settle the matter amicably.
1. Since the house is registered in the name of your brothers they are the absolute owners thereof in spite of the fact that your father pooled his retirement money to build it and that your elder brother made no contribution whatsoever..
2. Your father cannot remove your elder brother from the house as the latter is a joint owner of the property.
3. The only legal recourse available to your younger brother and father is to file a case for declaration of ownership in view of the fact that your elder brother did not spend a penny in building the house. The proof of the amount having been spent by your younger brother will help them in the court.
4. Your father and younger brother can evict your elder brother from the house only after a court of law holds that your elder brother is not the joint owner of the house. Till that time your elder brother has all the rights of an owner.
As long as your father is alive,your elder brother can not claim any share in the property legally despite having been registered the sale deed in his name too. Possibility when your father die intestate,then only his chances of sharing the property would arise.
Thanking you,
after registration elder brother has 50% share in that property. your younger brother has right to get maintenance expenses from your father because it is joint property so expenses should be bear jointly. younger brother has maintained that house out of his own income so he can demand for return of that expenses only. He can't claim ownership on that property and has no right to evict his elder brother also father can't evict them. no injunction order can be passed against owner of the property.
