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nandan (bbbbbbbbbbbbbbbbbbbb)     28 September 2014

Property

sir we r four brothers ,father ,mother died , but in 1989 when our father alive he make a partition on a plain paper

iam a service holder , my father in law purchase a plot in my wifes name,in ,my service place but my father inlaw is

no more,(died) after my retirement i have built a house on that plot which is my wifes name by my retdment money

and bank loan after that when i went to my village (father palce) to occupie my share now my elder brother refused and said if u demand on this property we also demand on ur property as per joint hidu family. but all the property in our fathers name .can they demand as per law on my wifes self aquired property.



Learning

 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     28 September 2014

No. Your brothers have no share in your wife's self acquired property or the property gifted by her father to her.

T. Kalaiselvan, Advocate (Advocate)     04 October 2014

The property gifted by her father and a construction was made on her name by you  on your wife's name,  shall be considered as her own property and she only full and exclusive rights in it, nobody, including you can claim  a share in the property during her life time and also she is entitled to sell it or dispose it in any manner during her life time, your brother cannot demand the property to be under HUF, it is illegal.  As far as the property that was left intestate by your father, if your brother do not want to give your share, you may file a partition suit claiming your legitimate share in it.


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