Sibling Rivalry And Property Disputes: Steer Clear Of Verbal Agreements

We love our family, but history is witness property-related matters often lead to discontent among family members. This makes it imperative to steer clear verbal agreements as far as property matters are concerned. In failure in doing so may be a cause of major trouble in future.

Take the case of Satyendra Sinha here.

Sinha has one brother and four sisters. His father died in the year 1995. As the elder brother, Sinha took over the responsibility of marrying his four sisters while his brother moved out of the city for his job. Sinha says that all members of this big family own a property each, and are living separately. Of late, the brother and sisters have come home, demanding their share in the ancestral house. Sinha thinks it unfair, considering he had spent a large amount of money to nurse his ailing father in past, apart from solely shouldering all the responsibility his sisters' marriage. He also claims that his siblings have demanded from him a monthly rent as he has been living here for free all these years. Unfortunately, the law may not be by Sinha's side.

“Daughters would not have any share in ancestral property if the father died before 2005. However, if it is a self-acquired property of the father, daughters have an equal share in the property. Only because someone shouldered the expenses of his sister's marriage does not mean that the sister would not have share in her father's self-acquired property,” says Mumbai-based advocate Ajay Sethi.

T Kalaiselvan, a Vellore-based advocate, says: “As far as demand for the share in the rent is concerned, you may reject their demand, stating that you have been maintaining the house property till this date.”

Sibling fraudulently taking over property

Rohit Saram (name changed upon request) claims he has also been ill-treated by his sibling.

“We had a family property in name of my father. Some months back, it was agreed that if we transfer the property in my brother's name, he would give us a certain amount. We transferred the property in his name. When my father asked him to pay the amount, he refused. Without this money, my father will have no house of his own, and my brother will not allow my parents to stay in his house. We don't have anything in writing about the mutual agreement.”

Reacting on the case, advocate Sagar Kothari, who practices in the Pune District Court, says: “This is a perfect case of criminal breach of trust and cheating. You will have to immediately lodge a police complaint. If cognizance is not taken, you will also have to file a civil suit for cancellation of so-called deeds obtained by fraud. You will also have to inform the revenue authority in writing, stating the said facts, requesting it not to register your brother's name into property extracts.  Any delay in initiating legal action is always harmful, so proceed immediately.”

Steps to be taken after succession

In case, you receive a property through a will, the court concerned would validate it after realising the debts and securities of the testator. A succession certificate is granted after all the checks are done. When you inherit a property, the first thing you need to ensure is to get it transferred to your name.

Also, one must apply for mutation of the property which will ensure that the records in the land revenue department are in your name. This is also required in case of property taxes or when you want to have your name in the utility connections. The municipal authority takes care of it. Also note that if you inherit, you inherit the property with all its flaws.