hitman hitman 23 September 2019

Self Acquired property question

Don't have proof of payments for self Acquired property in year 1995, the property was funded by 3 family members, the property is on my name, and now one of the family member is asking for share

1) it was cash transaction, the amount was 1.2L
2)3 member funded 40k each
3)2 died and one is asking for share

Can that one family member legally ask for a share?
no proof, no payment just 4 witnesses

(Note: he did gave share of 40k)

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8 Replies

Isaac Gabriel (Advocate) 24 September 2019

In this affair, conscience rather than law, if respected, giving share is the right perspective since you do not deny the payment by three..

Real Soul.... (LEGAL) 24 September 2019

If he has invested then why would you turn dihonest and refuse him his rightful due. Just give him his share;

Legally he will bring in shiut for partition and by way of evidance will prove that he has invested in the property equally.

G.L.N. Prasad (Retired employee.) 24 September 2019

Even for denial, there should be a justification of arguments for the status of self acquiring, what was your income at that time, and whether it is probable to earn that property at that age with your income after sustenance is sufficient or not has to be decided by the court. Irrespective of the actual amount contributed, if the contribution is not in writing, everyone is entitled to an equal share.

hitman hitman 24 September 2019

sir, u all are right, here is the reason of my denial, he humiliated me in front of my family to give him his share other wise face the court just to show off, i would have given him if he had asked it politely. The property is in my name, no proof of payment, nothing, how can he win. he can't even file a suit.

P. Venu (Advocate) 24 September 2019

Yes you know thr truth; act truthfully.

G.L.N. Prasad (Retired employee.) 24 September 2019

Never underestimate an opponent and step into litigation. Do your duty lawfully and avoid unnecessary litigation at a late age as litigation disrupts relations financially, mentally and physically.