division of property

Querist : Anonymous (Querist) 31 December 2009 This query is : Resolved
my father has 1 shop on his name, maintained and managed by 2 brothers ( myself & other brother) since last 20 years. Third brother (doing service) want share from this shop by renting it. Is it lagally possible to continue to manage shop without giving anything on claiming partition of property by 3rd brother & under which act?

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Kiran Kumar (Expert) 31 December 2009
if ur father is still alive and the property has not been subjected to partition then your brother can not interfere into the use of property as being done by you.

if the property is still in the name of your father and is being used by you under his consent then your 3rd brother has got no right to interfere in the property.

Arul Kumar (Expert) 31 December 2009
Mr. Kiran Kumar is right.

adv. rajeev ( rajoo ) (Expert) 31 December 2009
If the shop is ancestral one then your brother can claim his share. But from your question it seems that it is your father's self earned property then your brother cannot calim any partition in the property.