Joint family property
pushkar
(Querist) 24 February 2013
This query is : Resolved
My grandfather brought a property in 1970 when my great grandfather was the karta of the joint family. My great grandfather died in 1994 while my grandfather in 2007. now brother of my grandfather wants his share in the property which was bought by my grandfather in 1970.
Is his demand justified?
Advocate M.Bhadra
(Expert) 24 February 2013
If the property is self acquired by your grandfather(not acquired by the great grandfather)then the brother( also his legal heirs) of your grandfather can not claim.
prabhakar singh
(Expert) 24 February 2013
ALL YOU SAY THAT PROPERTY WAS BOUGHT BY YOUR GRANDFATHER WHEN FAMILY WAS JOINT AND KARTA WAS YOUR GREAT GRAND FATHER.
A MEMBER OF JOINT HINDU FAMILY CAN CREATE SELF OWNED PROPERTIES EVEN DURING JOINTNESS OF FAMILY .
SO IF YOUR GRAND FATHER,WAS MAJOR, HAD INCOME SEPARATE THAN THE JOINT HINDU FAMILY AND HE DID NOT PUT THE PROPERTIES IN TO THE JOINT POOL,THEN HIS BROTHER HAS NO CLAIM IN IT SO LONG THERE ARE CLASS I HEIRS TO YOUR GRAND FATHER LIKE HIS SONS,DAUGHTERS,WIDOW,MOTHER ETC.
R.M.Bhaduri
(Expert) 25 February 2013
You have not cleared that what was the source of income of your grandfather at the time of purchase of the property in his name, if it was purchased with his self earned money, then he was the absolute owner, otherwise there is right to claim by his brother, however you may get benefit of Prohibition of Benami Act 1988, rest your lawyer shall guide.
pushkar
(Querist) 08 March 2013
Thanks to all of you .... at the time of purchase of land he was professor at a college and had taken loan to buy the land and construct a building on it. we have all the loan repayment documents.
