Share in Property
Querist :
Anonymous
(Querist) 08 November 2009
This query is : Resolved
My Father has 40 acres of land which he inherited from his father. I am 2 brothers and 5 sisters, all are married. I am staying different state for a job and visiting home town 2-3 times in a year. My brother is a teacher and staying in hometown. My father age is 72 years and I want lawful partition during his lifetime. My brother doesn’t want as he gets advantage of being in him town and getting cash/kind regularly from my father. My brother has convinced my father not to agree for partition as I would sell all my share of property. Since, my brother is staying near to my father, he is listening more to my brother. Recently, I came to know that my brother has acquired 2 properties in his wife name in last 5-6 years. He claims that this property has been acquired from his own income, but I doubt. As he is getting regular cash/kind for running his house, education of child etc, he might have used joint property income in purchase of personal assets. He is known for pressuring my father for his entire requirement. My sisters also know this. I am not getting any income from joint property and not getting support from my father for partition.
Question:
(1) Can I make claim in the property acquired by my brother in partition suit on the ground that income from joint property has been utilized for purchase of this property?
(2) If so, then I shall have to produce evidence that it has been acquired from joint property income or my brother will have to produce evidence that it has not been acquired from joint property and it has been acquired from his personal income?
Raj Kumar Makkad
(Expert) 08 November 2009
1. You can make dispute but there is very chance of your success. You brother shall become successful in proving his separate income otherwise also there is no term like benami Transaction nowadays so the property in whose name is registered is the only and only owner.
2. Reply has already been submitted.
Apart from your limited quarry as replied above, I want to tell you that your father is owning the ancestral property which if not partitioned mutually during the life time of your father ever then you are not going to lose anything as after the death of your father, the whole property shall be inherited in 8 shares equally (7 children and one your mother, if she is alive if not then 7 shares) and you can get legally partition of the inherited property at that time and seek separate possession. Definitely who shall serve the old father during his such age, shall get its benefit.
Kumar Krishan Agarwal Advocate
(Expert) 09 November 2009
It is better to stay with your father and observe all things and convince him to specified share of each and every one in will so no share dispute will occur after his death.
Job doesn't pay you more then your father property.
adv. rajeev ( rajoo )
(Expert) 09 November 2009
You will get 1/10th share in the share of your father.
If you calimed the share in the properties acquired by ur brother. U are saying it is purchased from the joint family income U will have to prove the relevant documents, court believes documents not oral if you claimed your brother would say he has pruchsed the property in her wife's name from his income. He has got independent income.
