Family Property Matter

Querist : Anonymous (Querist) 09 April 2011 This query is : Resolved
Dear Sirs,

My late father has purchased one flat in Mumbai during 1980 out of his own income and saving. He made the payment of the flat out of his own a/c for which sufficient documentary evidence is available with me.

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Uma parameswaran (Expert) 09 April 2011
You have to prove before Court about the father's invovement in the purchase.Try to settle the matter.

Naresh Kudal (Expert) 09 April 2011
you can file a partition suit but you need to establish that there was benami transaction in your brother's name at the time of purchase.

Jitendar Kumar gupta (Expert) 09 April 2011
Sorry you have no right. your brother is the owner of the flat.
J.K.Gupta Adv.
9868529732

R.Ramachandran (Expert) 10 April 2011
The fact is that the flat is in the name of your elder brother. Therefore he is the absolute owner of the same. No body can have any claim in it. Whether the flat was purchased out of your father's entire fund or not is not the question. The assumption is that your father intended to purchase and give it to your elder brother. That is it. You cannot stake any claim in it, even if you have sufficient documents to proof that the entire cost of the flat was paid by your father, and your elder brother did not spend even a single penny.

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