Anand Kumar 30 April 2016

Fathers self acquired property is part of joint family party

Hi ,

1.My father was govt servant and has one house in his name and 2 sites in my mother name . whcih was earned without support of income from joint family .

is this considered are as joint falimy property ?.

2.My Grand father partioned the propery in 2005 and he is 5 sons , my father was the eldest son.

partioned papers are not registered its plane white papers document and every members of family signed and with witness . Now my grand father and father not alive . As paert partition of my grand father property we got one non-agriculture land which we dont proper ducoment and my uncles (4 my father brother ) not giving this property threatening with again to do partition and include 1.my father self earned property also . So my father property entiltled to considerd in joint famliy property ?

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5 Replies

saravanan s (legal advisor) 30 April 2016

1.in that case that is not joint property

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Laxmi Kant Joshi (Advocate ) 30 April 2016

If The property earned by your father from his resources means he hadn't taken money from joint property earnings then the property didn't come under joint property, it will only yours fathers property .

G.L.N. Prasad (Retired employee.) 01 May 2016

Once there was a written partition in 2005, and if your father is having independent source of income, or that ancestral property is not enough to generate source of the acquired assets in the name of your father / mother, you have got fairly positive chances to disclose it as father's self acquired property, and if there is a testament it strengthens your claims.

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G.L.N. Prasad (Retired employee.) 01 May 2016

Also obtain certified copies of assets declared by your father, to his employer or IT , IT Assessment and keep them on record.

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T. Kalaiselvan, Advocate (Advocate) 01 May 2016

The property bought by your father on his name and your mother's name shall be his self acquired property and your mother's own property (married women property);

This will not come under joint family property. From the grandfather's property your father is entitled to a legitimate share, if your uncles deny this share then they may be dragged to court seeking partition and separate possession of the property that belonged as share of your father out of his father's property.

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