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Swamy (Engineer)     25 August 2012

Property share


Dear Sir,


We are three brothers and two sisters, all of them got married and leaving independently, my father was expired in 2000 and mother is living with me. My two brothers took my signature on blank bond papers and transferred all agriculture land and two houses in my village on their names. They have not given any property to me, my sisters and mother.


Latter they bought the sites and lands got registered on their wives names.


Before my marriage, me and my friend together bought small piece land in Bangalore and registered on both our names. In the registered documents it has not been mentioned that how much each of us sharing. Also brought this property by taking personal loan and as well as my PF amount.  


Now we (me, sisters and mother) are asking the share in our ancestor’s property, I informed them if they are not giving the share we will go to court. Now they are threatening me that if I go court, I have give a share in my own earning property in Bangalore registered on both my friend and myself.


Could you please guide me this matter? If I file case in court should I liable to give share in my own earning property which registered?


Thank you very much in advance for your advice






 3 Replies


Your share in the ancestral property is equal and indefeasible which you can claim anytime by filing a suit for partition. The land which you bought from your own funds belongs to you and only you which you cannot be deprived of except by way of a registered gift made by you in favour of your brothers. None except you in your family has any share in the property which you purchased out of your own income. Don't bow down to this unjust deal.


Ashish Davessar


Supreme Court of India/Punjab and Haryana High Court

1 Like

kvss.prabhakar rao (Advocate )     25 August 2012

Out your earning profit property purchased by you need not give share toyour brother so don worry about your property now comming to your ancestral property  you have right claim the proopoerty sold by your brother thouhg property sold and purchased their wifes name you can show that the property purchased from joint property nucleas. so consult nearest civil advocate he can help in this regard . thank you

Swamy (Engineer)     01 September 2012

Dear Sir, Thank you very much for your advice.

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