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Joint family property cheating by brother misappropriation of fund
22-Feb-2023 (In Family Law)
We are Hindu joint family. After the death of kattha ,father, junior most brother misappropriated movables of JFP. He took care of some joint immovable properties by consent of members. We came to know only after 25 years that too after 7 to 8 members early and suicidal deaths, all related to lack of finance only. He used JFP to construct buildings in joint family trust property without our consent, as all worked outside . He denied no movables in jfp. He has 1crore worth additional properties.Now what is the remedy for us.
You say that he took care of the joint immovable properties by consent. How did the family members give their consent? What were the conditions in the consent? You say that he constructed buildings in Joint Family Trust. In that case, as a member of the Joint Family, you and the others can claim a share in the Family Trust. Since the properties with your brother is not in his individual name, all the family members can claim a share. Firstly we must read all the documents and understand what has actually understand then we can decide how to go about. But surely you and your family members can claim a share in the Joint Family properties. More advice can be given after a personal discussion.
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Adv. Suchit Palande
Chennai | 200+ Answers
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