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family dispute

(Querist) 31 July 2008 This query is : Resolved 
sir, around 8 years back a site was registered in my name by my mother from a party. the money used to buy was provided by my mother from the resources we had then. I had repaid that money to my mother by paing the money in instalments. Now my brother is asking for a share in this site saying that the property belongd to my father and have given a notice in civil court .But there is no proof to furnish that the site was in my father/mother name.My mother is supporting my Brother so please help me
puneet (Expert) 31 July 2008
you first have to ensure that in whose favour the sale deed is.if the sale deed in your name then you don,t have to penick your brother or mother can not get any sharein your property
KANDE VENKATESH GUPTA (Expert) 01 August 2008
Dear Shivumarbs,
Admittedly you belong to Hind Family. If the property in question is acquired before division of the joint family, even if the property is acquired in the name of yours, the burden lies on you to establish before the court that the said property is acquired by you by your self acquired funds, and the funds of the joint family were not utilized for purchase price.
K.C.Suresh (Expert) 02 August 2008
Dear Shivumarbs, Kande has given the right candy to you. So further clarification required. However burden is on you to prove it is your self earned property and you ahave already paid the amount to your mother. If mother supports brother be cautious. There may not be any documents of payment between the mother and son. So younhave to builf d up aclear case on facts and circumstances. For that what you want first is the possession og the property or bldghs. second the orginal documents. third the tax receipts of the property or residence. Lastly the enjoyment of the property. If you can prove this prima facie you have a foundation to build your case.
anantha krishna n.v. Advocate (Expert) 04 August 2008
first of all read the sale deed in your favour. See whether the contents clearly says taht the amount was paid by you to you vendor. If it has any recital taht your mother paid the amount, you may have to think twice. More importantly, can you prove that you have sufficient means to pay the purchase price when the same was purchased by yoru mother. If you cannot show the income, then the court MAY believe your mother's version.
analyse your case with your advocate by showing the documents you have.

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