Hinud undevided family properly disputes
Sridher Reddy
(Querist) 31 December 2012
This query is : Resolved
My Father has four brothers and all were leaving in joint family till year 2001.He is third one. During joint family live in the year of 1971 they purchased some lands and registered on younger brother's name. Unfortunately younger one has died in year of 2000. Now younger one son's are saying those purchased lands are theirs and no rights to other brothers of the family. Now the case is pending at District Civil court.
My questtion is, can other brothers will get share of the said lands equally? or how to proceed to further to get justice?
advanced thanks for your replies.
Devajyoti Barman
(Expert) 01 January 2013
If the property was purchased out of joint fund then all other co sharers have equal share in it and to claim it one need to file suit for partition.
Sridher Reddy
(Querist) 02 January 2013
Thanks you very much for your reply. May i know how to prove whether it was purchased out of JOint family fund or not. As a family kartha he was taking care of all family needs.
Sridher Reddy
(Querist) 02 January 2013
Thanks you very much for your reply. May i know how to prove whether it was purchased out of JOint family fund or not. As a family kartha he was taking care of all family needs.
Raj Kumar Makkad
(Expert) 09 January 2013
The property standing in the name of Kartha of a joint Hindu Family do not personally belong to him rather are of the family members jointly but in the given case it is to be proved by you whether there was a joint hindu family at the time of purchase and whether the funds of such family wre utilized for the purchase.
