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geetha (refer)     11 November 2009

property share among brothers

 My father and his brother started their life together and earnings too.

both got married nad my father has got 4 daughters and no sons.

my uncle has got two sons and one daughter.we grew up in the joint family. my uncle's children got married. their sons are living in two different countries. their earnings are kept different and my uncle used some money from join family and ADDed for his son's property while being together.we have oral proofs but not written.

all the joint property is in the name of my uncle.my father being innocent didn't ask anything about adding his name to the proprties. we don't have any ancesteral properties.as my uncle and his sons are the owners of all properties they are now telling that itzs all their own property and my father have no right in that.

as of my knowledge they use file very minimal returns on my father's name tooo.please guide me solving this issue.


 6 Replies

Suchitra. S (Advocate)     11 November 2009

Geetha ji, You are telling that you have got no proof to show that the property was owned by both the brothers. Even IT was filed in seperate names. In this situation how can you prove that your dad has contributed to the aquird joint property? I suggest you to settle the matter amicably betwwen the brothers through compromise. I dont find any other alternative.

Mani Narayanaswamy (Lawyer)     11 November 2009

You can file a suit for partition and try to prove that the properties are joint family properties.

Anish goyal (Advocate)     11 November 2009

File a suit 4 partitionTo prove the property is joint family property you have to produce witness. There might be some person who could depose before the court in your favour

A V Vishal (Advocate)     11 November 2009

Ms Geetha

In a given practical situation the court would not accept your case for partition, as suggested by Suchitra, there is no evidence to prove the joint ownership of the property. Further by resorting to courts and cases, the relations could turn bitter and your cousins may not acede to your request also, hence in your best interests I advise for amicable resolution of the dispute.

1 Like

sanjeev gupta (Advocate)     12 November 2009

Ms Geetha

I am satisfy with the answer of Mr.Vishal.

U can file a suit for partition, If Ur family business is in Partnership or u can prove, all properties was purchased by both of them. Otherwise U will loose ur family terms.

ASHUTOSH (lawyer)     12 November 2009

geeta there is a one provision of benami property if u can proff ur uncel has property in his name but there is a contribution of ur father hope is very less


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