Purchase of Property

Querist : Anonymous (Querist) 04 December 2009 This query is : Resolved
We had a property in my mother's name and the property was sold in the year 1996 due to some financial problem. The remaining amount was given to me and my brother for setting up their own family needs. I invested in a property in my wife's name and constructed a small house in it and living since then. My brother had spent is money and has not invested in any property. Now his wife and her family members are filing case against me for not equally sharing the money by my mother who is no more. Propery was self acquired property of my mother. Father is living with us and when they wanted to file a case against me, father is lending his support to my brother against me. Kindly advise.

madan

Follow Query

Report Abuse

N RAMESH. (Expert) 04 December 2009
The property belonged to your mother and it was sold during her life time. The consideration was her individual asset and she distributed it as she likes. Even if she had given you the entire consideration, no one can object to it.

In law, a property in the name of woman (your mother) cannot be considered as joint family property and hence the sale out of it cannot be treated as joint asset.

So the case filed challenging the mode of sharing the money of an individual after long time is not sustainable.

kranthi kiran (Expert) 04 December 2009
I agree with the above opinion of learned senior.As the property is self acquired property of your mother, the sale proceeds of the same can be utilised or distributed by her according to her wish.