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saipothula   06 April 2024

Family property dispute

Hi, we're a family of 2 brothers and 2 sisters.

My father bought a 10 Acre farm land on my elder brother's name, in 1996. My father expired before 5 years, now my brother distributed his property to his kids and my younger brother, but not giving to sisters.

Though the property was never on my father's name, can we still claim our share, since it was brought in his period and my father was a govt employee. My brother also used to take his entire pension.



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 5 Replies

T. Kalaiselvan, Advocate (Advocate)     06 April 2024

If the property was purchased by a registered sale deed on your brother's name then it becomes your brother's own and absolute property.

If you have documentary evidences to prove that your father fully funded for the purchase of this property then you can file a suit for declaration and partition of the property on that basis. 

however in the absence of your father to adduce evidence to establish the facts pleaded then it may not be maintainable but again it depends on how strongly you may conduct the case

1 Like

saipothula   07 April 2024

Thanks for the Reply, Sir.

T. Kalaiselvan, Advocate (Advocate)     07 April 2024

You are welcome for your appreciations 

Dr. J C Vashista (Advocate )     07 April 2024

Originally posted by : saipothula

Hi, we're a family of 2 brothers and 2 sisters.

My father bought a 10 Acre farm land on my elder brother's name, in 1996. My father expired before 5 years, now my brother distributed his property to his kids and my younger brother, but not giving to sisters.

Though the property was never on my father's name, can we still claim our share, since it was brought in his period and my father was a govt employee. My brother also used to take his entire pension.

 

 

In such circumstances your brother is sole owner of the property stated to have been purchased in his name by your father.

You have stated, inter alia, that,

".......now my brother distributed his property to his kids and my younger brother, but not giving to sisters."

Being self-acquired property in his hands he (your brother) may dispose it as he desire and no one else (including 2 sisters and yourself or anyone else) have any right, interest, claim or title in his property.

Out of 2 borthers, who is your younger brother included with the kids of your brother who got share in distribution of property as stated by you in the facts hereinabove ?


 

 

saipothula   11 April 2024

Thanks for the reply Sir 


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