How to stop my mother from giving away my property to my younger brother?

4 years ago

I bought an apartment in Faridabad in 2009. My salary was less during that time for getting loan from the bank so we added my mother's name in the property. She also contributed about Rs.5 lacs towards the cost of flat. I got possession of the flat in 2012 and since then apart from paying a bigger portion in downpayment, I am also bearing the EMI cost fully.

As my mother is a partner in the property, she wants to give her part (50%) to my younger brother. This leaves me with just 50% of the property while bearing more than 80% of the property cost. Is there a way I can stop this? My hard-earned property will be going to my brother for free who has not contributed anything towards the cost of the property.

Please advise.

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Rameshwar Dadhe

Responded 4 years ago

A.If your mother's name is on sale deed then according to the law your brother having equal rights . Try to solve it amicable

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Deepak Yashwantrao Bade

Responded 4 years ago

A.dear client your mother is the absolute owner of the property. she has right over that property about how many shares will be distributed amongst both of you. if you want more share then you can request your mother so it could be possible on her will and wish. but you can not force her.

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Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Sir,
You may file a suit for permanent injunction or Declaration and take temporary injunction order against your mother from transferring as the property belongs to you or part of it belongs to you.

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Rajasekhar Chowdary.V

Responded 4 years ago

A.Sir, as the building is on the name of your mother, she has absolute right over the property. Both of you are legal hairs to her. Both you have share over it. Whatever you spent on the building, your younger brother has right. Request your mother to get more share as you spent on the building. Thank you...

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