Coparcenary division and inheritence
Anand
(Querist) 06 November 2015
This query is : Resolved
My parents lived abroad for many years. they had 6 children. whilst abroad they ran a family business. upon getting married in 1957, my eldest brother demanded his share of the business at the urging of my sister in law and her family. So my father gave him one of the businesses, plus a house, car, and my brother separated from the family. After filing for bancruptcy after a few years , he came and asked for more money to start a new business venture, so my parents gave him a lot of money to do so and told him there would be no more to give him, because he has now recived over and above his share.
In 1970s, my parents moved back to India to retire, bought a farm from their earnings abroad and cutivated it. Then my father died intestate. In the meantime there has been an ongoing legal dispute based on land grabbing of the farm.
Now after not hearing from this brother in decades, and him coming to know we are winning the case, this brother has now approached the Indian courts, to assert his right on this property which has grown substantially in value..
How do we prove to the court that he already got his share, decades ago in another country. We do not have anything in writing.
Anirudh
(Expert) 06 November 2015
It is not possible to prove.
He is entitled to his share, irrespective of whether already he got more than his share or not.
Rajendra K Goyal
(Expert) 06 November 2015
He has share in the property in the given facts and can claim it.
