mohan 21 October 2015

Brothers property dispute

Mr. S has 3 sons Mr. B , Mr. C and Mr, T.

Mr. S was very poor, however Mr. B(His Son) earned lot of money and take care of his father and his brothers. He was running a sole proprietory business, however, Mr. C and Mr. T (His brothers) were also assisting him for which they were getting paid.

In 1992 Mr. B purchased a property in his own name for Rs. 200000 whose current valuation is 5 Crore.

Mr.B's Father and brother are all demanding share in his property??

Can they file a dispute in the court ??

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2 Replies

Kumar Doab (FIN) 21 October 2015

The funds for property seems to be self earned by B and property seems to be self acquired by B.

In such a case;No is the answer.

Jatin Mittal (Corporate Lawyer) 21 October 2015

Hi Mohan

Firstly, the right on any property is not exercised by virtue of someone being poor or not earning much.

Secondly, if as on date, the property in question is in the name of Mr. B only, then no other person will have right over that property, as this property is the self acquired property of Mr.B. His other brothers do not have any right in the property.

Thirdly, yes father and brothers can file a dispute in court, they have the remedy to go to court, whether the suit will be maintainable in court or not will depend on the arguments and the facts Mr. B provide to the court.

For any clarification, feel free to write to me at mittaljets@gmail.com. No charges for the consultation.

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