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A B Pralhad (Student)     14 April 2016

Liabiltiy of joint family properties.

3 brothers(A, B, C) - did partition of land and house properties Proportionally - everyone enjoying properties.

--> A was staying in his own building and given separate rooms to B and C to stay with their family in same Building because of good faith as brothers - they continued staying for a next 30 years but everyone was separate and enjoying self nucleus to do everything for self.

--> later two brothers (A, B) separately purchased some house properties on self name from their self income - and enjoying the same - paid all taxes till now - in between both (A and B)died and properties gone to their heirs

-->But after 10 years of death "C" filed a civil suit saying the properties purchased by A and B are joint family properties and he want 1/3 share in both properties of A and B.

--> "C" is taking support of as he was keeping in book all the record of such expenditure/ purchse and it is with the consent of his brother A and B. Also as all were staying in same building means all were joint family properties.

How A and B will deny this? Is "c" really liable to get 1/3 share on the basis he said?



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 2 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     14 April 2016

No. consult a local experienced lawyer of the field and if necessary file suit against C.

Anand Bali Adv. (Advocate Solicitor & Consultant)     16 April 2016

No A & B 's legal heirs are not at all liable to share their shares with the C as the property concerned was the exclusive property of A & B with out any referance to C in that purchase and registry and also that have been purchased by their respective self earned money plus there is no family settlement in this regard among all three. Just keeping books of the purchase and expenditure do not make C owner of 1/3rd part of the property purchased exclusivly by A & B.

 Please also note that this is also not a joint family property of all three brotheres if there is no Joint Hindu family settlement among all three.

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