Civil Procedure Code (CPC)

Property dispute among hindu family brothers

This query is : Resolved 

08 March 2012

sir, one of the hindu family with 6 brothers in which 3 brothers wokr togather in a shop and the elder brother had look over other 2 brothers as a hindu family they worked and got property in the name of the elder brother between 1991 to 1998 after marriage all were living seperatly and the two younger brothers came out of their brother. using this chance the elder brother sold out all the property and invested in other land in 2001 and he resently sold out that property and turned out all other property in his wife name other two brothers have no document relating to this property. now the dispute is in police station and he had accepted to make a settlement of rs 2,00,000 but actual value of the property is about one core. at this stage wat is the solution can u help me sir.

ajay sethiOnline (Expert)
08 March 2012

if value of property is one crore then settlement offer made of rs 2 lakhs is peanuts .
property was purchased in name of elder brother in period 1991-1998 . if sale was made in 2001 why did you not ptotest then . ?
why wait for 11 years?

if subsequently secons property has also been sold by brother it seems you have accepted that you dont have any share in said property .

contact a local lawyer

Adv.R.P.Chugh (Expert)
08 March 2012

The fact that the property stands in the name of elder brother - would entitle him to sell the property. It is for the other brothers to prove that the funds came out of Jt.Hindu Family business, to make it joint family property, and only then would they have the right to get the alienation/sale to 3rd party set aside - for which also the limitation is 12 years. Hurry get in touch with a local lawyer

M V GuptaOnline (Expert)
09 March 2012

The crux of the problem is to prove that the property originally purchased was with the funds provided by the family business and therefore the subsequent acquisitions which were made with the sale proceeds of the old property are also Jt family property. If u cannot establish the above, u may not have any right for a share in the sale proceeds of the property now sold by your elder brother.

sangeetha (Querist)
10 March 2012

thank u sirs for your reply. it is very much helpful

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