I have purchased a house from my mother can my brother claim for his share in such property...?

[yehudi]

well i have purchased a house from my mother 6 years back, through proper registered sale deed in Delhi & in this regard i made the payment through cheque & details of the cheque are mentioned in the sale deed.

My mother is a retired govt. servant & living in the same house.

"well before the purchase of this ( Delhi ) house .............my father had a house in Ghaziabad & after his death the property was transferred in my mother's name & this house ( Ghaziabad ) was sold by her 22 years back, at that time me & my brother were adult.Then after some months she purchased a house in Delhi."

Now i am the legal owner this house.

Can my brother go to the court of law for his claim or share in this property,if yes then what more documents should i take or sigh from my mother to avoid any harassment in future...........plz guide me sir.........it's urgent.

[sebastiano53]

yes he have every right to claim

[hardin]

You have not made clear as to how after the death of your father, this Ghaziabad House was transferred in the name of your mother,when you and your brother were entitled to the share in the house as well.
Were you minor or major at that time?
You have disclosed from where your mother arranged the funds for purchase of Delhi House.was it from the sale proceeds of the Ghaziabad house or her earnings from her job,Without getting answers to these queries , your question cannot be answered.Please contact Kanika Sharma Advocate at 9013007610

[abraham90]

no he can not if you really purchased from her
he just share the money

[blaeey]

NO if u hav purchased from her

[josephus]

the question is,whether your father died intestate ie.whether he left behind a will.

In case the GAZIABAD house was not ancestral property and was bought out of his earnings, your father had a right to bequeath it to your mother or to any body he liked, by way of a will.
if it was an ancestral property he did not have that right and all the three --you, your brother and your mother have share in it. how much share? It depends on the succession acts the applicability of which depends on your religion.

Against this data decide whether your mother had a right to sell the GAZIABAD house.

against this background if you conclude that your brother had a share in the GAZIABAD house, and your mother bought the house which purchased from your mother is financed by the proceeds of the sale of GAZIABAD house, your brother will have a claim and i am afraid your purchase is subject to his claim.

even if it was not an ancestral property, if your father had died intestate, all you three have a share and the position explained above prevails.

[urian27]

As your father died intestate, all the heirs i.e. your mother, you and your brother were entitled to have share in the property of Gaziabad. Your brother may say that your mother purchased the house at Delhi from the same money which she received by selling the house of Gaziabad. Your mother may give the property to anybody which she has earned from his own income. However, it cannot be said that the whole property of your mother is her self acquired property. Your brother can certainly claim a share in the property which your mother received from your father. Even he can challenge the sale-deed executed by your mother in your favour or he can claim 1/3 share from the money which your mother received by selling property of Delhi to you. Your brother can even make allegation that you and your mother made conspiracy and sales price has deliberately shown lesser than market price. Of course, if your brother begins any court matter, it shall be a long and complicated legal battle. It is your individual question but I don't understand why you and your mother want to deprive your brother of his legal right. You cannot deprive the right of your brother by executing any document, so it would be better for you all to give some share to your brother also if you don't want any long legal battle.