partition in joint hindu family
sachin
(Querist) 29 April 2016
This query is : Resolved
Hell sir....
Sir iss case me 2 bhai h....bada bhai mumbai aata h aur railway me kaam pe lagta h fir wohh (1)1 ghar purchase karta h uske baad uska bhai aata h mumbai wo bhi private job karta h bade bhai k ghar me rehta h dono mil k 1 shop purchase karte h wo cchota bhai chalta h but wo bade bhai k wife k name pe shop lete h kucch years me wo brothers 6 property bana lete h, slum me ,(excluded that 1 home of elder bro) alag alag apne apne name pe, after that dispute ho jata h cchota bhai wo shop se nikal jata ab wo apna alag bussiness karta h, ab jo jiske name pe property rehti h wo wohi rakh leta h, 1Qust-partition me kya cchota bhai wo bade bhai k 1st ghar pe bhi haq mang sakta h according of (JHF)?
2 quest -dono bhai milkar wo 6 property me se ekk property aisi lete h jo ekk badi lambi shop h (bade bhai k name per) aur wo shop ownership me hoti h ,wo shop k bagal se ekk gali hoti h to bada bhai wo shop k peeche ki ekk side ki diwar tod k ekk door laga deta h ab ho gya aadha makan nd aadha shop ....aur wo half makan apne wife k name pe peper bana deta h aur electricity meter alag laga deta h
Waise wo 6 property me se dono 3-3 bat lete h but bade bhai k 3 me se ye ekk makan jyda ho k uska 4 ho jata h, kya uss makan ko partion me as a 7th property consider karni chahiye plzzz suggest what to do....
Rajendra K Goyal
(Expert) 29 April 2016
1. How are you concerned with the query?
2. Broadly the owner in whose name the property is, would be its owner.
3. Amicable family settlement is good step and should be through registered documents after consultation from local lawyer.
4. If the seventh property or any other property is not in the name of younger brother, he has no claim on it legally till any agreement is arrived among all parties.
sachin
(Querist) 29 April 2016
I am consern as a younger brother in this matter but what about 1st propery which one elder brother has puchased nd in that room i stayed ateast 10 years nd i also made expenses of to do 1+1 to that room,surely i have not made any poof of that room but according to (jHF) i can claim?
Kumar Doab
(Expert) 30 April 2016
Resolve Amicably.
Register the family settlement deed.
sachin
(Querist) 30 April 2016
If i file partition suit will i succeed? On his room premises nd that 7th property which in his comes 4th property ?
Dr J C Vashista
(Expert) 01 May 2016
You have adequately been advised by experts, I agree with them.
Consult and engage a local lawyer for further advise and proceedings.
T. Kalaiselvan, Advocate 
(Expert) 05 May 2016
As you said that the first property was bought by your brother after coming to Mumbai out of the income of his employment, though you might have stayed there, you have no rights in it because it is his own property. You may not succeed even if you file a partition suit, better try to solve the issue amicably under family arrangement.
