My brother is trying to claim his right on two of our properties. My brother is trying to claim his right on two of our properties.

1 year ago

This issue started when my siblings and me initiated to sell my father's 60x20 house. The house is not willed nor registered in anyone's name so all 5 children have an equal share in the property. Initially, my brother said okay to being divided amongst 5 of us but later he started claiming that since he is the son, he and my other brother should get the property and my 2 sisters and me should not and he said he wants half of the 60x20 property. My sisters and me refused to this and said we want our share too. And since I am the eldest, he started targeting me and has said, since I already have enough properties, I should give up my claim in my father's property. And now, he has stated to claim that my two properties are his. He has been telling this with people we know and he has started collecting my property records in the city municipality office.

Property 1: This property belongs to two of my father's unmarried sisters which was given to them by their mother (my grandmother).
My grandparents had 9 children and this house originally belonged to them. This was a 60x40 house. But when the property was divided amongst the children, the 60x40 house was divided into 60x20 and 60x20. One portion was given to my father and this portion is unregistered today and the other portion was given to my father's two unmarried sisters which is registered in my & my children's name today. My aunts are deceased now. Since I took care of my aunts, they willed their portion of property to me and my children who are all major now. After my aunts' death, we got the property registered in my and my 3 children's name. It's been 29 years since the property was willed by my aunts and 26 years since registered in my and my children's name. Now my brother is claiming that this property should have been willed to his son and he is claiming now that he has to get a portion of this property and this property should be divided amongst my sisters and brothers equally. (I have 2 younger sisters and 2 younger brothers. One sister and one brother are deceased). My other siblings are not supporting my brother. My brother is claiming that since the house has a common wall along with my father's property, he also should get a share in my property. But the Khata is different for both houses in the municipality records. And he is claiming that since this is also ancestral property, he should get a share as well. He is now saying that the 60x40 site should be combined and sold and money divided among 5. But this property never belonged to my father; it belonged to my aunts.
Since property is willed and registered in my & my children's name and the property records are different for 60x20 and 60x20 properties, can my brother register a case on us or send a notice? If he can register the case, on what grounds can he register? And what steps can we take to stop him?

Property 2: I purchased this property from the Church of South India(CSI) diocese when they had kept it for sale. Initially the CSI diocese had alloted a few names of elders in the church to buy the property and my father was amongst them but my father backed out as he didn't have the money to purchase the property. So the church elders approached me and said since my father had backed out, if I was interested in buying it. My husband and I bought the 32x22 property. After I bought, all the CSI properties kept for sale, including mine, faced some legal complications as someone unrelated to the church wanted to take over all the properties. I fought in court for almost 30 years and we won the case and the property was registered in my name directly by the CSI diocese 24 years ago. Then 9 years ago, we built a commercial complex on this site. Now after seeing this, my brother is jealous and is now claiming that this property should also go to him as he is a son and when my father backed out he should have been given preference. Truth is, my brother was in no condition to buy a property at the time as he didn't have a good job. So he is now trying to claim that this property should now go to him and his son. But this property never belonged to my father and it was never registered in his name.
Since this property is directly registered in my name by the CSI diocese, can my brother register a case on me or send a notice? If he can register the case, on what grounds can he register? And what steps can we take to stop him? Can he sue the CSI diocese?

My brother has no legal claim on my properties but I dont understand how he can claim his right on my property? Will his claims work in court? He is mentally harassing me and my family. What steps can I take? After 12 years, can my brother file a suit?

In my father's property too, he has one part in five but he wants the property to be divided among him and my other deceased brother's family. He does not want to share it with the 3 sisters. What steps can we sisters take to get our share of our father's property?

Anik

Responded 1 year ago

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A.Dear Client,
Daughters are now treated at par with sons of coparceners and granted equal coparcenary rights in their father's property upon birth itself. Daughters shall remain coparcener throughout life, irrespective of whether their father is alive or not. Please proceed to file a suit in this regard for your fair share in the property.
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