Partition suit between brothers
Querist :
Anonymous
(Querist) 12 January 2012
This query is : Resolved
Dear Lawyers,
AS we Discusse earliear we are the family with following Assets
1. Mother self acquired property in 1955 and in 2002 and she expired in 2005
2. Father no property on his name, he was in govt service expired in 1986.
3. I am ealder son occupasion is Agriculture staying with parents purchased 10 acre of land on my name source of income is my hard work on mother land as well as some vegetable and milk business in 1969 to 1980
now i dont have any document proof of running business at the time of 60\'s and 70\'s....
4. my younger brother just studied in our family he became IFS Officer and went on govt service.. no any contribution to our family..
NOW MY YOUNGER BROTHER HAS SENT A WRITTEN NOTICE TO ME, THASHILDAR,SUB REGISTRAR,COMMISSIONER,BANK MANAGERS, by stating that all the property belongs my mother and my brother is HINDU UNDIVIDED FAMILY PROPERTY, and dont alow my brother to do any transction on them, and shortly i will suit a case to get Injuncton order and partition..
I dont have any problem to share my mother property, the proerty which is there on my name that should go to my children
Kindly help me on this..
Devajyoti Barman
(Expert) 12 January 2012
If your brother has transferred his share of property in your name then it next to impossible for him to get those back.
Now out of humanity if you choose to return his share of property that would be really welcome.
Rajeev Kumar
(Expert) 12 January 2012
Yes Barman sir has perfectly replied
Raj Kumar Makkad
(Expert) 12 January 2012
Sorry to point out that neither Barman nor Rajeev have understood the query of author.
Anyway, the properties earned by you and registered in your name are exclusively of you and no law of land can force you to share those with your brother but the properties left by your mother are the properties of both brothers and are required to be shared accordingly.
No officer of State is required to follow such notice as sent by your brother. If he wants to get injunction, he may come and obtain but cannot issue notice to any State officer not to allow you to work or run your business.
You can go to the civil court and seek injunction against such illegal threatening.
Devajyoti Barman
(Expert) 12 January 2012
How does youR reply differ from ours, Mr MAKKAD?
Devajyoti Barman
(Expert) 12 January 2012
Did we mean anything different from yours?
At least I could not find any difference.
Raj Kumar Makkad
(Expert) 12 January 2012
Author has never told in his u=query that his brother had transferred his share to him and now he demand it whereas your reply was centered thereto.
Deepak Nair
(Expert) 13 January 2012
I endorse the views of Mr.RAjkumar.
