Joint family property
Advocate Ravinder
(Querist) 08 June 2014
This query is : Resolved
A Hindu father purchased a House in the name of elder son (out of 4 sons) meant for all the sons in the joint family out of his self acquired sources. All the 4 sons are married and living jointly in the same house. Mother dies 10 months back and father died two months back.
Now the elder brother is not accepting to distribute the property equally between four brothers. He says that it is his own property as his father has registered the same in his name.
How can the other three sons can claim their share in the house. Is the stand taken by the elder brother that it is his own property is correct.
I seek the valuable opinions of the experts.
Kumar Doab
(Expert) 08 June 2014
The elder son in whose name the property is registered is undisputed owner of the property.
Raj Kumar Makkad
(Expert) 08 June 2014
As per Transfer of Property Act, the person whose name stands in the ownership record, is the only person to be regarded as owner to that property irrespective of the fact, who incurred money to purchase it so in the given case, there is no claim of 3 brothers.
Advocate Ravinder
(Querist) 09 June 2014
The father intention is also to share the property to all the sons. Instead of registering on all the sons name, being the elder of the family he has registered in the name of elder son. Is there any way to prove the above said contention.
Dr J C Vashista
(Expert) 09 June 2014
I endorse the expert advise of Mr. Raj Kumar Makkad. The eldest son is absolute owner of his self-acquired property and remaining 3 sons of their deceased father/ mother do not have any interest or claim in the property.
However, if it is a HUF and eldest son (titleholder) is karta and other sons can prove the property purchased by their deceased father was from common family funds in the name of eldest son, being Karta of HUF, the position may change, but chances are remote.
Rajendra K Goyal
(Expert) 09 June 2014
Elder brother is the owner of property now, others have no claim in it. Agree with the experts.
Sankaranarayanan
(Expert) 09 June 2014
Yes the first son is the owner of the property. I do agree with experts
R.K Nanda
(Expert) 09 June 2014
agree with experts.
Guest
(Expert) 09 June 2014
Well advised by all the Experts.
Advocate Ravinder
(Querist) 09 June 2014
Thanks for all experts for giving their clarifications.
T. Kalaiselvan, Advocate
(Expert) 13 June 2014
If it can be proved that the father only has purchased the property out of his own sources of income and that the son (elder brother) was not having any income at the time of purchase of the property, a partition suit may be filed by other legal heirs, let the court decide.
