Individual property claimed as joint family property
YATIN
(Querist) 24 September 2012
This query is : Resolved
Apart from his own properties, my father during his life time 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. Source of my income was partnership profit from family firm where I was partner (not joint/co owner). 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 in all properties 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 or my brother has any title over it?
3) Can these properties held by members of a family in their own name/ownership can be treated as Joint family properties? Our family business was partnership firm, not joint family proprietary firm.
4) Hypothetically even if my father had directly purchased property from his funds but in our name, in worst case it can be held to be father’s property or joint family property?
4) Since I was partner in family firm can it be said that I my income was from joint family business and not personal income as partner?
kuldeep kumar
(Expert) 26 September 2012
it is not an acdemic query.
