Elder brother denying share in property
P Patel
(Querist) 11 September 2015
This query is : Resolved
My father is youngest among his 4 brothers. My grandfather expired well before my father's birth.
2nd no. Brother migrated to Mumbai in 1965 in hunt of livelihood. Later on 3rd no. Brother then my father migrated to Mumbai and they all started working together.
After they accrued some money jointly they got a plot registered under the name of 3rd brother in around 1980.
In the same plot my father was having hotel and other two brother jointly work in their textile printing, the work which all 3 used to do earlier. The income generated from all source was sent to native to eldest brother and he has registered many plots in all four brothers name.
1)Now share is denied by 3rd brother in the plot registered under 3rd brothers name.
2)None of them were married when plot was registered, except eldest brothers looking after native.
3)There is lot of evidence by which joint family can be proven, and non of the other property is partitioned, yet. Same house in native.
4)How to proceed to get justice, to get equal share for all brothers in the property registered under 3rd brothers name in. Mumbai.
5) Documentary evidence is difficult to get that they worked together, except witness
malipeddi jaggarao
(Expert) 12 September 2015
When the plot was registered in name of the one of the brothers in 1980, it is his own property irrespective of who have contributed the purchase money. However, as all the businesses, properties are undevided, a suit for partition of all the properties including the one referred above may be preferred to settle the matter.
Rajendra K Goyal
(Expert) 12 September 2015
1. The property is in the name of third brother, he is owner, no other brother has claim on it.
2. Situation does not effect the ownership question.
3. Property is in the name of single and not in joint family name, situation does not change.
4. Amicable settlement with the help of relatives is best way out.
5. Situation seems in favor of third brother.
Kumar Doab
(Expert) 12 September 2015
Agreed with Experts.
You may approach a local lawyer specializing in family/revenue/property/civil matters.
This is a repeated query.
P Patel
(Querist) 12 September 2015
Thank you for your expert guidance.
The printing press which was run on the same plot, was also in the name of my father, i. e. Youngest amongst all the brother. All bank statement then, is there to show that printing press was registered in the name of my father and all the transactions was made from my father's current bank account. Please give expert advice on how above evidence will help in partition suit.
Currently printing press from the same plot is removed, and building of residential complex is underway. Building work may complete in 12 months from now. There is a chance 3rd brother may sell all the flats, which he will recieve in share from the developer. Agreement with developers is of 50:50 ratio.
Please advice what to do in this context.
T. Kalaiselvan, Advocate
(Expert) 20 September 2015
experts have given their own opinions, so to proceed you may discuss with your advocate at length by producing the relevant papers and furnishing the relevant data and seek his advise to initiate appropriate legal action to get a share in the property, if found eligible.
