Prabir Bhaduri (Others) 14 August 2021
Govardhan Varma (Advocate in practice in Crime and Taxation) 14 August 2021
As per the facts in issue,
The above stated property have only single ownership given by the father who was deceased. In this property the siblings will not have any right on this property.
In some cases the siblings will make false disputes/ ligations by saying that he financing the father while at the time of buying the scheduled property.
There we have a solution that we write a reply states that "Father gave the gift to you at time of buying the property". and there was no question of loans and financing issues in between the family members otherthan written document appeared.
So nobody includes your wife cannot be claimed.
Note : Required some details 1) Religions of the person 2) No. of years ago from the date of financing till date.
Any Queries contact us govardhan@finvis.co.in
Dr J C Vashista (Advocate) 15 August 2021
You are absolute owner and you may decide further inclusion any one co-sharer or not, no one can compel you.
Prabir Bhaduri (Others) 15 August 2021
G.L.N. Prasad (Retired employee.) 15 August 2021
What was your age, when your father has acquired the property in your name? Can you establish that you have earned the property on your name ?
As a Hindu, be responsible, the father has invested his retirement benefits as he is in advanced age and as you are young, to give a comfortable living, he might have kept the property in your name.
Be Honest, and as you are well aware of the fact that it is self-acquired property, and there is no contribution from you, and the fact is that your brother contributed 1/3 (No contribution from you) get the property divided into 3 parts and get a settlement deed done. Your mother is right and appears to be religious.
Your wife is having a share of that property belonging to you, with your children as co-sharers after you. Otherwise, she is not a co-sharer in her husband's joint family property.
Prabir Bhaduri (Others) 16 August 2021
Dr J C Vashista (Advocate) 16 August 2021
Please again read my opinion, however, you are still not convinced /satisfied it is better to consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding.
G.L.N. Prasad (Retired employee.) 16 August 2021
Mr.Prabhir,
Your only objection for your mother's suggestion for partitioning the flat self-acquired by your father with 1/3 contribution from your brother, in your name appears to be
"Why this issue was not raised when my father was alive and a main bread earner in the family?
Members are not aware as to the year your father expired, what was your age when the property was acquired by a karta of undivided family in the name of his son and why the issue was not raised during his time by your mother. Why your brother has never agitated for refunding of his amount contributed, and now at this age why your mother only proposed for division of the property is not known to members. Members are not even aware as to who really posted the query and other facts. The fact is that you have alone been enjoying that property acquired by your father with his retirement benefits and your brother's contribution substantially and in fact there is no contribution from you in the property. This is the proposition by your mother who is aware of the facts and your brother has never sought partition of the flat.
The law is different from "Dharma". You do not find an equivalent word in English for the "Dharma".
Prabir Bhaduri (Others) 16 August 2021
P. Venu (Advocate) 16 August 2021
More than the legal elements, the query suggests moral obligation. The answer, obviously, lies with your conscience.