property partition dispute with an advocate brother

Querist : Anonymous (Querist) 04 June 2010 This query is : Resolved
Dear all, we are two brothers and my brother is 12 years older then me. our father passed away 7 YEARS ago. In 1994 my father sold a propertyfor 8 Lacs in our native place and bought a property in visakhapatnam for 3 Lacs and registeref on my brothers name(my age 15). Now the property value gone up and two years ago we gave that propety for development to a builder. here i have not signed any contract agreement. recently with out my consent my brother sold all flats and telling they r his own property.

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G. ARAVINTHAN (Expert) 05 June 2010
You can file a suit for declaration declaring that the said property is bought by father in the name of brother , as Benami and hence need for partition of the property.

You need to array the subsequent purchaser as party to the suit

Querist : Anonymous (Querist) 05 June 2010
Thanks for ur prompt repley. Apart from that we have few more properties on my sister in laws name. Can i include those properties in the partition?

kranthi kiran (Expert) 05 June 2010
Any properties purchased out of the joint family funds or sale proceeds of the joint family property shall be treated as Joint Family Property and they are liable for partition. You are eligible for equal share in the properties, but burden lies on you to prove that the properties are joint family properties, purchased from the joint family funds or sale proceeds of joint family property.

Kiran P.V,
Legal Consultant,
Hyderabad Ph:9490127914