need advice -  I am living in a small ancestral house need advice - I am living in a small ancestral house

9 months ago

Dear Sir,

I am living in a small ancestral house. Im a married person and have younger brother and he is married too. We both have single daughters. Property is registered in name of grandfather (died), grandmother is also (died), and my parents also died in (2015 and 2018 respectively. My father had one sister and one elder brother(died) her wife died , were living at some unknown place. Don't know how many kids he had, may be 2-3 or 4. My grandfather has given him the land to the elder brother for separation, but their kids may ask for their right of share in this house too as my grandfather died without processing a sales deed on the name of my father. I have all the necessary docs (Death certificates, very old Registry etc). Now my brother who is living separately along with her wife at their in-laws house from last 6 years asking for the share. I have spent lot of money on the re-development and maintained of old house. Can he file any suit against me without any necessary document ?? I mean without Kurcinama (vanshawali), Registry, Death certificates etc ?? or he has only the way to make settlement out of the court ?? I don't have any money to make any settlement as i have no job and also spent my all of money on house development. He has refused to pay any maintenance. Old value of the house was just 18-20 lac but after re-development it's 28-30 lac. How the settlement will go down with him ?? He said "I will sign NOC if you will pay the Unknown money". We also don't have a good relationship coz of his hot headed wife, he doesn't pick my calls too. He is working outside since 2010 and never been back to home.

Anik

Responded 9 months ago

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A.Dear client,
As per the Hindu succession act, if any person dies intestate his properties shall be equally distributed amongst his legal heirs. Your brother can claim his share in the property
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