Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Bala S   06 September 2023

New propery purchased using inherited property money. need clarification

My father sold his property got it from his brothers through family partition(grand father died before 1956) with mutual consent of all class 1 heirs and purchased new property and registered in my elder brothers favor. Now my elder brother saying it is his self acquired property. All my family members(My father, me and younger brother) are shocked by hearing his statement.

Please clarify us whether all class 1 heirs of my father has equal rights on the new property purchased with the help of inherited property money ?


 8 Replies

P. Venu (Advocate)     06 September 2023

The property your father had inherited was not ancestral. However, the new property had been purchased utilising the funds which belonged exclusively to him. As such,the father  can take the stand that the property is duly vested with him and seek a declaaration to that effect from the Civil Court.

1 Like

Personal   06 September 2023

Thank you Sir

Rakesh Kumar (Private)     06 September 2023

Thank you for your clarification. I heared that if my grand father died before 1956 act and then if it is paritioned then by default it is considered as ancestor property. Kindly clarify this as well please.

T. Kalaiselvan, Advocate (Advocate)     09 September 2023

This is not your grandfather's property.

After acquisition through partition it becomes your father's self acquired property.

Therefore the sale proceeds after selling this property shall be your father's own money, now instead of taking the family's concern he blindly purchased the property on his elder son's name  alone.\

Thus this property shall belong to your elder brother since the title document is on his name

Rakesh Kumar (Private)     09 September 2023

Thank you Sir for your reply. Problem is now my elder brother saying that in the remaining property of 3 acres of agricultural land he has share, but my father want to settle between two younger brothers as he settled 2.75 acres already to my elder brother by selling my father property and purchased in other place and registered in his favour.

Can my father say no to my elder brother in the remaining property.

P. Venu (Advocate)     17 September 2023

The facts posted suggest your father is the absolute owner of the remaining property. He can, at his discretion,  gift or settle the property to the other children excluding the elder one.

1 Like

T. Kalaiselvan, Advocate (Advocate)     17 September 2023

This becomes your father's self acquired property, hence he can settle the remaining property in favor of his other sons without going down the pressure created by his eldest son, your father can refuse to accept his eldest son's demand and can proceed as per his own desire and decision, your eldest brother cannot legally challenge this decision.

1 Like

Steele Nickle   22 September 2023

Given that your older brother's name is on the title deed, it follows that he is the rightful owner of this property. dash subzero/details.asp?mod_id=230941

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