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Arun Suryawanshi   27 August 2018

Self-acquired property can be claimed by a joint family member?


We r a Hindu joint family. My father n uncle have recently decided to split t ancestor's property (farm land and village house) into half after my grandfather's demise. But, later my uncle started asking for bigger share citing his sons r not educated and need the farmland as source of live hoods, which my father has objected to. 

Me and my brother have bought flats in Pune from our own hard earned money.  Similarly, my father has his flat on his name, which is bought from his hard earned money where he is currently living near my native village. We r private employee wherein my father was govt employee. My uncle is a farmer. But, now my uncle is staking claim on all these flats too, claiming it as joint property. We have all proof n documents of loans taken against salaried account and no where related to farming income. 

Can my uncle still stake claim on all our flats, cars or things we acquired from our job? 

Could you please advice?


 5 Replies

Aks   27 August 2018

Anyone can claim anything but that doesnot mean he will get it.  You can claim that red fort is your property but can you get it.?

If you have bought flats with your self earned income and have documented records of this fact, your uncle can not get even an inch of it.

If your uncle is saying that these flats are joint property, he has to prove that .....just claiming has no value in court if the claim is not backed by proof.   So, calm down ....if you have papers to show that you paid for flat with your earning...he can never get the flat. Also, the title deed must be in your name.

3 Like

G.L.N. Prasad (Retired employee.)     27 August 2018

Hindu law is complicated and can be interpreted in any way, you might have contributed as Margin money.  What ever the minor source of contribution during joint family, he can claim it, and it is ultimately you that has to establish that it is your separate property.

2 Like

P. Venu (Advocate)     27 August 2018

Try work out a amicable settlement in respect of the family property. Or else, your father can file a suit for partition. As to the personal properties, it is for your uncle to prove his claim.

1 Like

Arun Suryawanshi   27 August 2018

Thanks Venu n Prasad for the advice, much appreciated!!

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     29 August 2018

When your Grand Father passed away in-testate ie without a proper Will, the property shall be divided equally, or in a mutually agreed fashion between/among his sons/daughter. The grand children do not come into picture as claimants. May be your Uncle is pleading and requesting for a major share. Its better to have a settlement deed registered to avoid future complications. If there is no agreement between brothers, it will only create litigation and shall lead to protracted suits in Courts. Better to solve the matter with discussion.

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