cpc

is self acquired or joint family property-plz clarify title


Dear All,

My deceased father purchased 10 acres land from his self earn money on my name when I was minor in year 1975.During that time my father was staying with his joint family (with my uncles and grand father). In year 1990 my father joint family was partitioned but my  grand father did not give his self earned property to my father instead he had told him  to keep  my father self earned 10 acres land (which is on my name).

After my father family partition, my father again purchased 6 acres land on my  younger brother and 7 acres land on my mother name from his self earned money in year 2000 and my father do not keep any property on his name.

We recently got into  dispute and go  for partition but younger  brother demanding 50 percent of 10acres land from me as he claims that my 10 acres land came from my fathers joint family during partition in year 1990 and he do not want to share his 6 acres land with me. All effort have failed to convince my brother to share property equally.

1) Is  10 acres land on my name considered as self acquired property or joint family/ancestral property?

2) Is my brother has got right to claim 50% portion of my 10 acres land? if yes, can I claim 50%  of lands from    brother through court of Law?

3) Mother is staying with me, Is my brother has got right to claim portion of land from my mother?

Can you please help me  to take this matter through court of Law.

Thank You

Arjun

 
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Business

Per short facts provided, all properties belong to the persons they are in name of. Father being the natural guardian can purchase property in the name of and for the benefit of his minor son. Your brother does not seem to have any claim. Ancestral properties are those 4 generations removed  which anyway is not the case here.

 
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subregistrar/supdt.(retired)

as a karth of the family your father can purchase properties in the name of his family members.  your father already purchased the properties in the the name of you, your brother and mother and hence there is no dispute.  however if you want all the properties purchased by your father in your names, be partitioned through a civil court.   this is an advise only.

 
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Dear Adv Hardeep and Satyanarayana,

 

Many Thanks to you.

I will initiate civil suit against my brother to restrain from my property.

Thanks and Regards

MK Arjun

 
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