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Raj (abc)     25 May 2015

Property disputes among brothers

Hello Sir/Madam,

                  I am of 68 years old. We are a family of 2 brother and sister. We are living separately from more than 40 years. 

                  I am staying in Bangalore for more than 35 years. I have a house and a plot in Bangalore which is in my wife's name. This properties was bought by me from my own money. I have not sold any ancestral property in order to buy this.I have all the necessary documents and also income tax documents regarding this.

                  There is no agreement made between my brother and sister regarding the ancestral property partition. We have not made any property partition agreement till now.

                   Is there any possibility that my brother or sister or their children can file a case against this propoerty and demand a partition in these properties also? Is there any possibility of such a case? 

                   Thanks!!

Regards,

Raj

 



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 4 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     25 May 2015

Sir, Property in your wife name , no way they can claim any share in that property .... Warm Regards Kapil Chandna Adv 9899011450

T. Kalaiselvan, Advocate (Advocate)     30 May 2015

First of all the property is in your wife's name though you have bought it out of your own funds. As per law, the property standing on a married woman will be her own absolute property and nobody can claim any share in it during her life time if she is not willing to do it.  Therefore, neither your sister nor brother can claim any share in it.  In fact even if the property is in your name, it will be your self acquired property hence they cannot claim any share in it legally. 

Raj (abc)     01 June 2015

Hello Both,

           First of all thanks for replying,

           I am little scared because, we ( my brothers and sister) have not partioned our properties and therefore they might also put a case on these properties which i have bought from my own money. 

          So according to the replies, I think there will be no chance of they ( my brothers and sister) claiming my porperties legally??

Thanks!!

Try to add value to the discussion, with your each post.

T. Kalaiselvan, Advocate (Advocate)     05 June 2015

Yo have been advised properly, what is the need for confirmation, you may be rest assured. 


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