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Property

(Querist) 16 May 2013 This query is : Resolved 
we are three brother presently we are living in joint family. Yet property is not divided by my father, my question is before 20 yrs back my father his own fund purchase a land of 12 acre in the name of our elder brother. now father want to share this 12 acre land among 3 brother. But elder brother is not interested to gives ours two brother share. Can we claim or father do any legal action. Property is in the nameof elder brother,
V R SHROFF (Expert) 16 May 2013
YOU CANNOT CLAIM ELDER BROTHER'S PROPERTY OF 12 ACRES.

Only your father can claim it as benami property on proof of money paid by him or from fund of HUF, directly to seller, and it was not a loan.IT WAS PURCHASED BENAMI ON UR BROTHER'S NAME

However chances are less.
Raj Kumar Makkad (Expert) 17 May 2013
Even your father cannot legally get back the property duly got registered in the name of your elder brother. Try to persuade your brother to share some property with both of your brothers retaining bigger chunk with him.
ajay sethi (Expert) 17 May 2013
no you cannot claim said property
Nitin Divate (Querist) 20 May 2013
My father purchased this land in joint family and he purchased said land in the name of elder brother, Now father want to distribute same to 3 equal part, Can they divid this 12 in equal share by the help of joint family deed of separation,


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