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Author Topic: Can one brother claim share in another brother's individual property  (Read 138 times)

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Offline sagi_sankar

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I purchased a site in 2001 and constructed a house in that in 2003 by availing bank loan and I am still paying the EMI s for the loan and the documents are with the bank, and since 2003 we(my father , my mother, my wife and my unmarried younger brother) are staying in that house. In 2016, my mother passed away and in 2017 my father passed away. Now, after the demise of my parents, my younger brother is asking for share in the house, claiming that it is joint property. He sent a legal notice by e-mail (without any court stamps on it).

1) Should I respond to a notice sent by a lawyer through email?
2) Just because of his stay in my house along with my parents, can he claim share in individual property earned out of savings from salary and bank loan?

Offline advamrita

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Re: Can one brother claim share in another brother's individual property
« Reply #1 on: September 20, 2017, 06:04:55 PM »
He does not have a claim in your self acquired property. Such false case don't stand a chance in court.

Offline adv.amarnath

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Re: Can one brother claim share in another brother's individual property
« Reply #2 on: September 21, 2017, 09:56:24 AM »
1) Should I respond to a notice sent by a lawyer through email?
Ans: You can ignore it or can reply back legally.

2) Just because of his stay in my house along with my parents, can he claim share in individual property earned out of savings from salary and bank loan?
Ans: Nothing he can do. He has shown his true colour. So without delay now you can send a counter notice for his eviction from your property. His status is mere permissive occupation
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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