Can I claim those 2 flats which is in my step brother's name?

Frequently Asked Legal Questions and Answers › Category: Property Issues › Can I claim those 2 flats which is in my step brother’s name?

0 Vote Up Vote Down

Bhattacharya Gaurav asked 2 years ago

I have an query. Here it follows: Can I claim those 2 flats which is in my step brother's name? My mother had a second marriage. Firstly, My mother expired in 2018. Secondly, My father(my mother\'s second husband who also had his second marriage with my mother) expired in 2021. Thirdly, My step brother(his own biological mother was the first wife of my mother's second husband) expired in 2022. Can I claim those 2 flats which is in my step brother's name? | Get the best advice and Consultation. Top Lawyers in Chennai, Tn, India

Can I claim those 2 flats which is in my step brother's name? | Get the best advice and Consultation. Top Lawyers in Chennai, Tn, India

Legal Inquiry: Claiming Flats in Step Brother's Name

Claim: Understanding the Complex Family Dynamics and Property Ownership

Meanwhile, My step brother had no other brother or sister except myself and was unmarried. My step brother\'s grand mother 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.There is no will made by my step brother. Only one aunt(sister of his biological mother) is still alive of my step brother. Can I Can I <yoastmark class= claim those 2 flats which is in my step brother's name? | Get the best advice and Consultation. Top Lawyers in Chennai, Tn, IndiaNow as my mother,my father(2nd husband) & my unmarried step brother expired so can I claim those 2 flats which is in my step brother\'s name or the aunt of my step brother can claim?Please advise accordingly I will consult.

Legal Solution for Claiming Flats in Step Brother\'s Name

Introduction

You have raised a query regarding your entitlement to claim two flats that are in your step brother\'s name following the demise of various family members. This step-by-step legal solution aims to provide guidance on your rights and options in this matter.

Review of Family Dynamics

Step 1: Assessment of Family Structure

Evaluate the familial relationships and relevant events, including your mother\'s second marriage, the demise of your mother, father (second husband), and step brother, and the absence of any other siblings.

Examination of Property Ownership

Step 2: Analysis of Property Ownership

Examine the legal ownership of the two flats in question, considering the circumstances of their acquisition, such as the gift from your step brother\'s grandmother and subsequent joint venture with a property builder.

Legal Entitlements and Rights

Step 3: Determination of Legal Entitlements

Determine your legal entitlements to claim the flats based on applicable laws governing inheritance, property rights, and succession.

Step 4: Evaluation of Intestate Succession

Assess the implications of intestate succession in the absence of a will made by your step brother, considering the statutory provisions governing the distribution of assets in such cases.

Potential Claimants and Rights

Step 5: Identification of Potential Claimants

Identify potential claimants to the flats, including yourself and your step brother\'s surviving aunt (sister of his biological mother), and assess their respective rights and claims under the law.

Step 6: Examination of Succession Laws

Review relevant succession laws, including those pertaining to intestate succession, inheritance rights of relatives, and any specific provisions related to step family relationships.

Legal Advice and Consultation

Step 7: Seek Legal Counsel

Consult with a qualified attorney specializing in property law and inheritance matters to obtain personalized legal advice tailored to your specific circumstances.

Step 8: Legal Opinion and Strategy

Obtain a comprehensive legal opinion from your attorney on the viability of claiming the flats and the most effective legal strategy to pursue your rights in the matter.

Conclusion

In conclusion, the resolution of your query requires a thorough examination of familial dynamics, property ownership, legal entitlements, and potential claimants\' rights. By seeking expert legal advice and guidance, you can navigate the complexities of the situation and make informed decisions regarding your entitlement to claim the flats in your step brother\'s name.

Can I claim those 2 flats which is in my step brother’s name?