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Jagadish D N (Research Scholar)     30 April 2012

Will brothers property need to be shared in joint family

Dear Experts,

                       My parents made gift deeds of their self earned property in the year 2007 among we four brothers (Hindu joint family living in Bangalore).

Before partition two of the elder brothers had made properties during 1998 and these properties were never taken to consideration for partition. Incidently one of the elder brother got the business going after selling one of my parents property during 1995 (i.e. father sold a property to get him in business, and elder brother took care of business on his own and earned property for himself. The income he earned out of the business is not shared and nor his property. Additionally he never paid any taxations from his income. We all lived in same house).

On the other hand till 2000, I was doing education and stated earning in small amounts, which I contributed to my family till I got married in 2005. Still I am continuing higher studies on my own financial support, and been humiliated and harrassed by elder brother for finding share in my parents property.

Lately I had made my mind to bring down the greed of my brothers. I want to teach the elder brother a lesson. Now my questions are:

1>      Will the elder brothers property be considered as joint property and then have a share again in that.                    Does my parents opinion matter to decide inclusion?

2>      If answer to above is yes, then should I move to court against my fathers / brother / both?

3>      What are the evidences / documents that I should procure to claim the property inclusion and what                     needs to be done to stay on such property.

 

Please give me the advice suitably and oblige......... Thank Tou



Learning

 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     30 April 2012

Dear Querist,

To impress the elder brother's property with character of ancestral property - you would have the onus to prove that the property could be acquired by him only due to the finances provided or accruing from joint family property or business, and not exclusively his own merit/work. If it is both - whatever forms the majority would govern. Once it is so impressed, you can seek a partition.

Feel free to talk!

Mahadeva Rao G (ADVOCATE)     02 May 2012

Dear Jagadish,  Sorry  to  disappoint you sir.    I beg to differ  in opinion.    The  Bottom line is  THE  PROPERTY  / PROPERTIES  in  question  was   SELF  ACQUIRED  Property  of your  PARENTS as per  your  narration above.    so  you  have to be happy with  the share  what  you  got  according  to the degree of  love  your  parents  have  showered on you.      Even  in  case  if  they   had not given you  any  share  you  could not /  cannot  not  ask for partition  in the first place   as  the properties in question is  self  acquired  properties  of  your  parents.        The  concept of  HINDU  JOINT  FAMILY  and  its  properties  are  different  and is  not   applicable in this  case.    If there is more  to share  u can  mail me at sohan1912@rediffmail.com  or on  9845285555.    

With  Warm  regards,

Mahadeva  Rao G. 

ADVOCATE,  BANGALORE.     

Advocate Ravinder (Advocate/Attorney)     13 April 2014

I am sorry to differ with Mahadev Rao.  Any business done without his own money and with the help of funds of joint family will be treated as Joint family property.  The business of your elder brother is also joint family property and it is fit to be partitioned among the four brothers.  Although partition is over, you can now enter into additional partition deed.  Mahadev Rao is going with moral values.  But this site is meant for giving opinions based on law.  Hence, in my opinion is that as you are all family members dont dispute the matter and go cordially by entering into mutual parititon deed so that there will not be any complications in future.  

Rahul Choudhary (Student)     14 April 2014

smallest and best answer would be "NO"

This is not possible

This private property will not be in any case be partioned


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