Kranthhi Kumar (Sr. System Analyst) 12 June 2012

Property partition between brothers

Dear Experts,

I appreciate your suggestion/advice on the following problem.

Sub: Brother of My Dad wants to share the self acquired properties of my father.

My Grandfather has got 2 sons and 2 daughters.

My Father started his career in the business at his age of 19 with the capital of my Grandfather. At his age, my uncle (Brother of My Dad) was 5 yrs old.

My dad selfacquired the properties A with the earnings from the business.

Then after 17 yrs of my dad career, his brother also joined the same business. With the earnings my dad alone bought the property B written under his name, my name and my mother (altogether 50% share), my Grandma (50% share).

My question here is,

do my uncle have rights to get the share of property A and 50% share of property B.?

Is there the possibilites that he can challenge on the property taken on my name by dad.

Thanks & Regards,

Kumar.

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3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 12 June 2012

If your uncle proved that your father earned the property out of the income of the family business then it amounts joint family properties, then your uncle is entittle.

S Jadhav 98336 98330 (Jadhav & Associates) 15 June 2012

It is better that you discuss about the partition with your uncle and concerned persons. As stated by adv Rajeev, your uncle will have a share if the property is considered to be either ancestral or bought from the profits earned in the business jointly partnered.

However, in your case, the business appears (since you have not provided details) to be proprietorship and in your father's name only. Even the property B is in your father's name and your mother and your name. Hence it appears that you can prove that it is your father's self acquired property and you may not have to give any share of it. But is your uncle also staying with you in any of the properties ? There are many questions which one cannot answer until the facts of the case are clear.

S Jadhav

Kranthhi Kumar (Sr. System Analyst) 15 June 2012

Dear Sir,

My uncle is also staying in the part of the building(property selfacquired by my dad). we are staying seperated since 6 years.

Will the income tax filing by dad, mom help in proving the property as self acquired. Will the payment of property tax also help in to prove it as selfacquired property.

Please let me know what all documents can help in proving the property as selfacquired.

Jadhav Sir, Please could you let me know the questions which could help me out of the case.

Thanks,

Kumar.