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Offline snehaksr

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need help
« on: August 18, 2015, 03:09:37 AM »
Dear sir
I need help regarding property issue of my husband.  My husband taken property  in his 29 year  and that time he was working in nationalized bank.  He took in his name  in the year 1977 and having house document of purchase deed and society all papers like instrument transfer in the AGM of society all those papers are in my husband name only.  He got married in the year 1989 and his marriage was not consummated and he got divorce in the year 1991 by lawful settlement to his first wife is settled as per law.  My husband is very attached to his  parents and he wanted to take care of his parents due to that reason only his earlier marriage was broken as his ex.wife do not want to stay in joint family.  My husband got one younger brother (10 year younger) and he is also working in nationalized bank and he got married and he do not want to take responsibility of parents so he left parents and he took his wife and kid stayed separately.  In the meanwhile my husband’s parents died  (first father and followed by mother)  so his younger brother do not want his elder brother getting remarried as he was thinking he marries then brother house will be as after parents death elder brother kept younger brother as “Nominee” for his flat.  When elder brother came to know that younger brother not interested to about his marriage, then without his knowledge elder brother (my husband) married to me by court marriage ( Registered marriage) and after the marriage my husband changed house nomination in his wife name by filling all society formalities. When younger brother came to know his elder brother marriage, he is now saying that he wanted share in elder brother’s flat and he is claiming that elder brother took flat in father’s share of money but in reality father has not given single penny to buy and the money my husband used from his saving and he has already flat in his name by selling that.  My husband younger brother already got 2 houses one in his name and another one in his wife name still he says he is having share in my husband’s flat.
What younger brother demands is right in eyes of Law?  My husband’s flat is only his hard earned money and all document is in his name no where is parents name is mentioned accept nomination of his mother and after his mother death he nominated his younger brother that time my husband was not married and after marriage he changed nomination but  younger brother was not happy of his marriage so he claims he has right in brother property. 
Does he got really right? My husband is retired and he does not have pension also we have only this house for our future living.
So please guide me  how to handle this case if he puts case?
Your valuable advise will help us to move forward

Offline advRanjithRajagopal

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Re: need help
« Reply #1 on: August 20, 2015, 02:48:31 AM »
If the property is in your husband's name than he has exclusive right to do whatever he wants with his property.
His brother has no claim on that as long as your husband is alive.

your husband should remove the name of his brother from nominee as soon as possible.

and make a WILL for all his assets so that after he is no more there should not be any issues
adv.Ranjith Rajagopal

Offline adv.amarnath

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Re: need help
« Reply #2 on: August 22, 2015, 02:42:21 AM »
Considering your statement to be genuine, your husband's brother cannot claim anything from his flat not he can take any legal actions against your husband. He can only harass him unnecessarily which can be stopped by lodging a simple complaint before the local police station.

Amarnath Sanyal
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