Home / Money / Personal Finance /  Will my father have a share in a house he built for my brother?

My father gave a huge amount of cash to build a family house for my brother 15 years ago after selling his property and other assets (gold, retirement savings, etc.) 

Thereafter, my brother built the house and registered it in his name with an implicit understanding that he will take care of the parents. 

Later, he raised loans against the same house and is now finding it difficult to repay them. 

Now, he plans to sell the family house (registered in his name, though built with the cash given by my father). After the sale, he plans to repay his loans and move elsewhere.

In this scenario, do I have any legal recourse to claim any inheritance? Does my father stand to make any have any gains from the sale? 

Can the house be considered as ancestral property to be divided equally among siblings or is it owned by my brother alone?

-Name withheld on request


Legally speaking, your brother is the legal owner of the house which is registered in his name and for which he has availed a loan. 

From the language provided by you, more particularly, “build the house for my brother", it becomes amply clear that the intention of the father was to build the house for your brother, which means your brother will have the absolute right title and interest over the house to deal with it in any manner as he so desires. 

However, parents are entitled to claim maintenance under applicable laws from their children.

Aradhana Bhansali is partner, Rajani Associates.

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