Shrinivas Padamwar 20 July 2017

Dividation of Property in case of Joint Family

We have joint family my father & my uncle. Also we had joint property which on the name of my uncle & my father. Also my father has another self acquired property. My question is that if we are going to devide the property, only joint property can be divided between uncle & my father or the self acquired property by my father also can be divided????????

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Raveena Kataria (Advocate ) 20 July 2017

The property jointly owned by your father and his brother will be divided equally between them upon partition. The self-acquired property of your father, however, cannot be divided unless your father sells/gifts such property/share of his such property to his brother or anyone else for that matter. No one would have a right in the self-acquired property of the father, assuming he brought such property using his own funds/efforts without causing any detriment to the joint family property (if any,) owned by the family (coparceners.)

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Shrinivas Padamwar 20 July 2017

Wether should I filed caveat against my uncle????

Shrinivas Padamwar 20 July 2017

I need protection so I want to file caveat against them

Raveena Kataria (Advocate ) 21 July 2017

Who is them? Also, what is the role of your father in this?

Shrinivas Padamwar 21 July 2017

Actually mere uncle mentaly disabled the or wo 7 years pehale gujar gaye n meri aunty ko paralesis hua hai or in dono ka khayal mere papa rakhate the pichale 10 sal se. Already mere 2 uncle or mere papa ka dividation 1989 me hua tha, usake bad mere bade uncle or meri aunty survival ke liye mere papa ke pas rahate aa rahe hai wo bhi pichale 30 years se. Mere papa ne jitane properties acquired kiye hai wo sab 1989 ke bad me kiye hai. Abhi problem ye hai ki mere uncle ko ek beti hai or wo pure property ka adha hissa mang rahi he.