Legal Advice

Can I claim a property belonging to my unmarried stepbrother?

Question: My mother had a second marriage. My mother expired in 2018. My father (my mother's second husband) expired in 2021. My step brother expired in 2022. My step brother had no other brother or sister except myself. My step brother's grandmother who expired in 2012 gifted her property in 2011 to my step brother who had made a joint venture with a property builder with that gifted property and got 2 flats. Now as my mother, my father (2nd husband) & my unmarried step brother expired, can I claim those 2 flats which are in my step brother's name?

Advise

As per the facts of your case, you are the only legal heir to inherit this property. You are the nearest legal heir who is surviving today. Hence, you have the right over that property. In this situation you should file a declaration suit under Section 34 of the Specific Relief Act 1963. The court shall declare your right in that two flats. 

Thus you can claim a property belonging to your unmarried stepbrother. After getting a declaration of the competent court in respect of that property, you can apply for mutation of the flat in your name. That decree shall have effect as right in rem hence, no one can challenge your right in that property. 

Shivendra Pratap Singh

Advocate

High Court Lucknow

Property

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