Prachi Desai (NA) 01 April 2011
S.MANIMARAN (Advocate) 01 April 2011
first there is any proof for the partition done by your Grand Father to your Father and brother, and after such partition did you change the name in local record, if so the property is belong to your father and his brother have no right to ask any thing , or otherwise the property is joint family property -
whether your father have any other sources than this land for generating income ,
whether the land in mumbai is purchased before the patition or after the partition,
whether the is purchased form your mother stridana property,
therefore if you did not have any other source execpt the land income and the property is purchased out of the income of the land it will considered as the joint family property
Manoj Choudhary (Advocate) 01 April 2011
If the property in mumbai is your father's self owned property , then nobody can claim for the same.. Further 1 of your father's brother have taken the share. Do you have any proof like docs of partitions, may be your uncle made changes in records in tehsil. That could be a valid proof
If the property in mumbai, was pruchased before your Grand father's death then your father have to prove that the property was not purchased with the money of Family. and the same was his self-owned property,
Further you can message me, if your think that this info is fine for you.
bhagwat patil (Property due diligence 9422773303) 01 April 2011
what record of shows? if your fathers name is there at MP land. nothing to worry , it is your only. can your uncle proove that property purchased in mumbai by your father the consideration amount was given by their family income?
Prachi Desai (NA) 02 April 2011
As my dad is the eldest son all the records shows dad's name. We have document from village panchayat with details of each brother share and the village sarpanch and senior people have signed it. In tehsildar office all the property is under same name, what we need is to have the distribution done of this property but the 2 brothers are not ready for the property to be distributed and take there individual shares. The one brother who is farming his own land still has all the property in joint name.
We have approached the tehsildar at MP and one of the person was saying that as your dad's brother is managing that land since past 16 years once it is 18 years the land will be transferred to your brothers name without any notice and you cannot claim any more. Past 5 years dad's brother is paying us anualy 10-20 thousand for the crops he is producing from our land but again it is in cash and we do not have any balck and white that he is giving us money.
My dad came to mumbai in 1969 and he really worked all his life and could purhcase a house. he was working here in mumbai for Bombay Muncipal Transport Co-operation and that time from company he could purchase a small house in Mumbai. I don't see any way that they can falsely proof that this house was purchased by family money. In fact the current land for which we are debating, most of the money was paid by my dad, but you all may understand that in relations you don't keep things in Black and white.
bhagwat patil (Property due diligence 9422773303) 03 April 2011
If it is a small house a salasried person its not possible for them to claim your house in Mumbai. secondly it is not legal to be owner by vertue of management of family property.
Harsh (Advocate) 03 April 2011
I would be able to assist in your case.
You can further contact me on firstname.lastname@example.org
I am a practicing lawyer.