Our family has four elder sisters and a younger brother. He was just a year younger than 18 when our father bought a property in his name. Now, both our parents have passed away and our brother is 30 years old. My sisters have filed a case claiming a share in the property, arguing that our father registered it in our brother’s name while he was still a minor. Do they have a valid claim, and is there a chance they’ll get a share of the property according to Indian law? Please advise.

Apni Law
Apni Law
Law Forum › Category: Property › Our family has four elder sisters and a younger brother. He was just a year younger than 18 when our father bought a property in his name. Now, both our parents have passed away and our brother is 30 years old. My sisters have filed a case claiming a share in the property, arguing that our father registered it in our brother’s name while he was still a minor. Do they have a valid claim, and is there a chance they’ll get a share of the property according to Indian law? Please advise.
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Apni Law Staff asked 3 years ago

Our family has four elder sisters and a younger brother. He was just a year younger than 18 when our father bought a property in his name. Now, both our parents have passed away and our brother is 30 years old. My sisters have filed a case claiming a share in the property, arguing that our father registered it in our brother’s name while he was still a minor. Do they have a valid claim, and is there a chance they’ll get a share of the property according to Indian law? Please advise.

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Apni Law Staff answered 3 years ago

Your sisters have a strong legal argument as a minor cannot legally own property in India. The property purchase in your brother’s name while he was underage may be considered voidable. A court will likely rule that the property belongs to your father’s estate and be divided equally among his legal heirs, including your sisters.

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