Partition of joint family properties
Advocate Ravinder
(Querist) 15 May 2014
This query is : Resolved
There are three brothers x,y and z. All the three of them married, living together as hindu joint family. The elder brother is main earning person. The other two younger brothers are also earning but very meager amounts. With the help of their joint earnings, they have purchased a house constructed on 300 sq yds in the year 2009 in the name of elder brother (the property which now they are living). Almost at the same time in the year 2010 the elder brother with an intention to have a property for his personal had purchased a plot of 500 sq yds in his name. He had this thought, since he is main earning member of the family. This property is very far away from the earlier plot. But the family is still a joint family. There are some disputes arose and now the family wants to partition the property. The other two brother are now claiming that the second plot of 500 sq yds also should be partitioned. The elder brother contention is that it is his own property constructed with his own funds for his exclusive purpose. However, he has no objection for the house of 300 sq yds.
Q1. My question is that whether the other two brother can claim the property of 500 sq yds to partition.
Q2. How the elder brother had to prove that it is his exclusive property purchased from his own funds.
Q3. In the above circumstances, if the elder brother wants to purchase a property for his exclusive enjoyment, what steps he would have taken at the time of purchase of 500 sq yds plot.
Devajyoti Barman
(Expert) 15 May 2014
1. Though they are co-sharers to it, lack of proof makes it exclusive property of elder brother.
2.Since it is his own name, he need not prove anything.
3.It should have been in 3 brothers' name had this been purchased out of joint fund.
Sankaranarayanan
(Expert) 15 May 2014
no more answer for your query . i do agree with mr barman
Rajendra K Goyal
(Expert) 16 May 2014
The property is in the name of elder brother, he is owner of it, no other proof required.
If purchased in the name of all three, it would be property of all the three.
