Can property of individual become joint family property?
anish
(Querist) 16 September 2012
This query is : Resolved
Apart from his own properties, my father during his life time had acquired several immoveable properties in my and my mother’s name. They were never purchased with cheques/funds directly from my father’s bank account or by his money directly. Either they were purchased from our funds or sometimes father would loan us money to purchase property. My younger brother was vagabond so my father has not given him any of his property which he has clearly mentioned in his WILL. After his demise my father’s properties are transferred in my name as per his WILL.
Now my brother has filed a suit in court claiming that all properties belonging to my father, myself and my mother form joint family properties of my father and he is entitled to his share as member of joint family and asked for partition decree and injunction order restraining us to deal with property. None of the properties are in his name. They are either in my name or in mother’s name.
1) Is his claim valid?
2) Even if we had taken loan from father to purchase properties in our name, does father and hence my brother has any title over it?
3) Can these properties held/owned by members of a family in their own name/ownership form part of Joint family property?
4) Hypothetically even if my father had directly purchased property from his funds but in our name, would my father and hence joint family of my father gets any claim over such property?
4) Is there any law which covers this situation?
Jeevesh
(Expert) 16 September 2012
Mr Anish
1. The property acquired by your father in his individual name would be his self acquired property capable of disposition by will.
2. Those acquired by your father in the name of your mother would be the individual property of your mother capable of disposition by your mother by will or otherwise.(Refer to s.14 of Hindu Succession act)
As regards the properties in your father name, your father has already made a will. So no issues thereon.
As regards the properties in your mothers name, she has full power to dispose of the same by will in your name. But if she has deceased without a will than your bother has 1/2 share in it.
Anish Thakur 7018812737
(Expert) 16 September 2012
as the property is self acquired property of your father and he had made a will of his property , so the claim for property is not a valid claim however if he is of the opinion that father had made a will in undue influence/coercion etc then he should first challenge the validity of the will and it also depending upon the limitation of the cause of action i.e date of execution of the will.
anish
(Querist) 16 September 2012
Sir
My brother knows about WILL since 10 years so he can not challenge it due to limitation.Hence he has taken this route to lodge his claim.Would properties standing in my name can be considered as joint family property and ha can ask for right into it?
