Huf propoerty - invested money in it.

Querist : Anonymous (Querist) 18 January 2012 This query is : Resolved
Respected Sir,

Here are the key points.
1. My father had no income and neither was he paying any income tax in the year 1997 until 2000. We have income tax assessment data.
2. We are 3 brothers. Only through my money - my father built 4 buildings using all my money. I have proof for the transfer of my money to him. Yes - he built all on HUF property, which are all in my father's name.
3. Using some of HUF money (rent received and loan) - he also invested some property in my name by providing DD to the party directly.

My question
a. Can I claim a higher share - since I have invested and I have sufficient proof to prove, he had no money - until I gave my father?

b. The property purchased through HUF, but in my name. Can my brothers claim it?

Appreciate your feedback.

Please advice me; what action can I take?

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Devajyoti Barman (Expert) 18 January 2012
Since various properties ate purchased with or without help of each other in or without the name of HUF in a suit of partition suit respective shares in the properties .
No one can claim higher than one's contribution.

Raj Kumar Makkad (Expert) 18 January 2012
It is very difficult to be agree with the advice of Barman.

Even if the entire properties are treated as of HUF may those be registered in your or your father's name then also on dissolution of HUF, entire properties shall have to be distributed equally.

As per my view, you are absolute owner of the properties which stand in your name and no other person has got any right therein and the same is situation with the properties standing in the name of your father irrespective of the fact that you contributed wholly to purchase those properties.

Your father is still alive so he can manage his properties even during his life time. He may sale, mortgage, transfer by any other means, may make will as per his whims and wishes as the same shall be treated as his self acquired property.

Deepak Nair (Expert) 19 January 2012
If you can prove that the properties which were subsequently purchased were purchased from your personal income, then you have a chance to claim higher share.

But, it is necessary to prove that the said money was earned from your personal sources and not from the HUF property.

If the property purchased in your name is through HUF property, then your brothers can claim share on the property.

It is better to reach a mutual sttlement of property under the supervision of your father who is aware of all the facts and details.

Querist : Anonymous (Querist) 03 February 2012
Thanks for your input; Since it is inherited property and I have invested all my savings into constrution of the proporty, which helped generate money and run the family.

I know the property is my father's name; but it is our grand-father's property.

My father also has declared in the income tax filing that the money came from his son.

Why I cannot claims a higher share - say 50%?

Please advice. I need help.