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
manoj
(Querist) 09 February 2017
Sir plz ans
rajeev sharma
(Expert) 10 February 2017
When your gramd father died all four sons acquired equal share in the property.you say that 3 sons constructed their houses on the inherited property. It is not clear whether the share of he fourth son was left to or that too was acquired by other three sons and he was not given any share in the property. If such is the case then you cannot deny the share of the fourth son and he is entitled to get his 1/4 share. His lies against all three brothers who occupied his share. He cannot claim share from your father alone. However it is better to reach at an amicable settlement in such cases.
Adv. Yogen Kakade
(Expert) 10 February 2017
Repeated query from the forum.. already answered.
Rajendra K Goyal
(Expert) 10 February 2017
Repeated query:
http://www.lawyersclubindia.com/experts/regarding-partition-of-Joint-Family-Property-631476.asp
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.
