Ancestral property sold & purchased on name of my elder brother.

This query is : Resolved 

22 April 2012

Dear All experts,

We are two brother & 8 sisters, all married. My brother is elder amongst us around 55 years old then my sisters comes then I & I am youngest & 31 years old. Our mother father have alive & their age are around 75 years old.
Around 25 years ago my father sold our parental house & purchased agricultural land & registered to name of my married elder brother. Now my father mother & all sisters want to distribute equal share between two brothers (me & my elder brother) but my elder brother is denying to give my share.

Kindly suggest me can I suit a case for equal patrician for that land. How is my chance to win that case. My mother father & sisters are agree to say in court in my favor. Please advice how much possibility to win that case because I don't have more money so please comments on my winning chances.

Kindly also suggest can I prove that this land is purchased by selling our parental house by statement of our parent & sisters.

Thanks please reply immediately...its urgent

Devajyoti BarmanOnline (Expert)
22 April 2012

Yes, you have to file a suit for partition.
Since your father it is good for you as he can confirm the actual source of the property.

Suhail A.Siddiqui (Expert)
22 April 2012

u can get your share out of this property after proving the source of investment made by your father's own fund/ resources.

Shonee KapoorOnline (Expert)
22 April 2012

Rightly advised by experts.


Shonee Kapoor

Raj Kumar MakkadOnline (Expert)
22 April 2012

I also concur with the views.

prabhakar singh (Expert)
23 April 2012

I think you should sue not only your brother
but also your father as it was he who sold parental house in which not only your father
but also you and your elder brother as well as your sister had coparcenary rights,then agricultural land if proved to have been purchased from such a coparcenary fund, can be proved to belong to you all 2 brothers and 1 sister and your father.

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