regarding partition of Joint Family Property
manoj
(Querist) 09 February 2017
This query is : Resolved
Gud evening sir,
Sir property mere Dada Ji ke naam per hai or unki death ho chuki hai 30 saal phele but property ka koi partition nhi hua tha or abhi 2 month phele mere Dadi g bi expire ho gaye h to mere father 4 Bhai hai 3 brothers ne JFP mei hi apna apna ghar daala hai or ek Bhai ne apni property purchase krke daala hai or ab Bo apna share chahata hai but sir y problem hai ki Jo mere father ne ghar daala hai Bo Dada Ji k purane ghar ko ukhad kr uss jagh pr daala hai to ab mere father ka Bhai chahata hai ke jbb property ka partition ho to use hamare ghar mei bhi share mile Jo ki hmne daala hai or 21saal ho gaye hai hme ghar banaye hue but uska kehna hai ke phele uske father ka ghar Hota tha yahan but sir jb hum the bana rhe the tbb usne koi objection nhi kiya tha to sir kya use property ke sath hamare ghar mei bhi share milega Jo mere father ne apne paise se bataya hai
Adv. Yogen Kakade
(Expert) 10 February 2017
Yes, If the house has been built over the property/land owned by the undivided family, then it shall be a part of the partition.
Rajendra K Goyal
(Expert) 10 February 2017
In the given facts he can claim.
Who, when, how purchased the property and how it came in the name of your grandfather?
However, for detailed opinion all related documents need to be referred, discuss in detail with local lawyer.
Kumar Doab
(Expert) 10 February 2017
It is believed that you are all, Hindu.
Confirm!
For years you might have used the property to your benefit.
Is it?
Or isn’t it?
So the reply of other brothers is a hint that: For years you have used the property to your benefit.
They can stake a claim to mense profits.
The best recourse is sit down, discuss gently and resolve amicably and partition by mentioning boundaries.
Prefer Registered Family Agreement.
Surrender K Singal
(Expert) 11 February 2017
MoFS is a sensible solution for family settlement rather than litigation which may be unending..
