Proving owership rights

AMITS (Querist) 01 May 2020 This query is : Resolved
4 brothers(all govtservants) bought a plot in 1980 in the name of son of eldest son,
from the sales proceeds of the settlement recived by their mothers share from her parents(mother was the only child of her parents) now the nephew who was around 10 yr old at the time of purchase is 50 yr old now and is claimimg that the plot was gifted ,by his maternal grandfather (nanaji) family is joint hindu family no partition has been made in written till date,what are the remedies available with rest of the brothers for claiming their share? does this comes under the benami property act,papers of the plot are however are with3 brothers,kindly throw some light over this issue regards! papers were issued by housing society.

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Rajendra K Goyal (Expert) 01 May 2020
Broadly the plot is in the individual name of nephew from last 40 years, he is the owner.
It is not a HUF property.
Other brothers have no claim in the property.

Raj Kumar Makkad (Expert) 01 May 2020
The opinion of Rajender Goyal expert is accurate as per law to which I also do endorse.

Guest (Expert) 01 May 2020
Very Well attended and agreed also.. This is the real Spirit which is very much essential now. Senior Expert/ Senior Advocate Mr.Rajkumar Makkad is Thanked for this..

KISHAN DUTT KALASKAR (Expert) 01 May 2020
Dear Sir,
I fully agree with Expert Mr.Rajendra K Goya

P. Venu (Expert) 02 May 2020
Where is the question of mother's SHARE when she was the only child of her parents?

Raj Kumar Makkad (Expert) 02 May 2020
@P. Venu

Who asked for mother's share in the query? There is no such whisper even.

Rajendra K Goyal (Expert) 02 May 2020
Thanks to Ld. experts for agreeing.

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