Joint family properties
rakesh
(Querist) 08 February 2013
This query is : Resolved
sir
Apart from his own properties, my father during his life time acquired several immoveable properties in my and my mother’s name. They were never purchased with cheques/funds directly from my father’s bank account or by his money directly. Source of my income was partnership profit from family firm where I was partner (not joint/co owner). My younger brother was vagabond so my father has not given him any of his property which he has clearly mentioned in his WILL. After his demise my father’s properties are transferred in my name as per his WILL.
Now my brother has filed a partition suit in court claiming that all properties belonging to my father, myself and my mother form joint family properties of my father and he is entitled to his share as member of joint family in all properties and asked for partition decree and injunction order restraining us to deal with property. None of the properties are in his name. They are either in my name or in mother’s name.
1) Is his claim valid?
2) Even if we had taken loan from father to purchase properties in our name, does father or my brother has any title over it?
3) Can these properties held by members of a family in their own name/ownership can be treated as Joint family properties? Our family business was partnership firm, not joint family proprietary firm.
4) Hypothetically even if my father had directly purchased property from his funds but in our name, in worst case it can be held to be father’s property or joint family property?
4) Since I was partner in family firm can it be said that I my income was from joint family business and not personal income as partner?
Ramesh
(Expert) 09 February 2013
The point for consideration is whether the sources of funds used for the purchase of the properties had any ancestral nucleus. If yes, they get the nature of ancestral property and your brother gets a share. On the other hand if it is purely self acquired property of your father then he has a right to bequeath it to any body and your brother cannot claim any rights. If the source of the funds is a firm started and run by your father and yourself as partners then you can clearly show to the court that there is no ancestral nucleus and as such your brother cannot claim any right.
rakesh
(Querist) 09 February 2013
thank you sir
there is no ancestral property or nucleus.My brother claims that whatever is purchased even in my name by father becomes joint family property and he gets a right as family member and hence to claim partition.
Raj Kumar Makkad
(Expert) 09 February 2013
The plea of your family is wrong. What ever property stands in your name exclusively belongs to you and none has any claim thereto.
