Property purchased by father in son's name

rakesh (Querist) 01 September 2013 This query is : Resolved
Sir
My father had no ancestral property. He started on his own and all his income was his own. Out of this income or fund with him he had purchased a flat in my name when I was 20 years old. The said flat is in my name since last 25 years. My father passed away six years back. Now my brother has filed suit claiming his right in this flat. His contention is that since this flat was purchased from father’s fund it is a joint family property and he is entitled to his share as co owner. Father has never made any document to the effect that this flat is joint family property.

-What is status of this flat?
- Is my brother’s claim having any merits?
-Even if flat was not purchased from my fund can my brother have any claim?
- As I understand maximum it can be said that this transaction can be treated as a gift from my father to me but it cannot amount to purchase which makes it a joint family property. Is it correct?

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adv. rajeev ( rajoo ) (Expert) 01 September 2013
If you had any independent income when it was purchased in your name, then you dont have to worry.

Rajendra K Goyal (Expert) 01 September 2013
The flat is in your name and burden of proving that it is a joint property is on your brother, which would be difficult. Even if payment was done by your father, it may amount to a loan which may have been returned.

R.K Nanda (Expert) 01 September 2013
nothing to add more.

rakesh (Querist) 01 September 2013
Sir
I was a student at that time so i had no income. I have not done any repayment to father as that was never thought of by father. It was really a fatherly gesture.
In such case am i still the absolute owner?

Dr. Jyothi Vishwanath (Expert) 04 September 2013
Let brother go the court and prove that it is joint family.

Advocate Ravinder (Expert) 05 September 2013
Dont worry at all, it is absolutely your exclusive property.

It is not joint property. During the life time of your father, you and your brothers were not earning persons, hence contributing to the family does not arise at all.

Your brother may file a false partition suit to harass you, but finally you will win the case. The burden of proof will be on him to prove that it is joint family property.

But my moral advise is that settle with your brother and distribute the properties mutually as he is your own blood related brother.