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Can my brother claim share in my property


20-Jun-2023 (In Property Law)
Hello Sir, Recently we took a flat on my name and my daughters name. Flat is owned on loan. But as I am retired, installments are totally paid by my daughter. But still me and my three brothers are not separated. N they are thinking of dividing this property ( flat ) during separation. So is it possible? Because flat is owned on my name and my daughters name. And not on my father or mothers name. Also documents are totally clear that installments are being paid by my daughter from her salary. Please guide. Thanks in advance
Answers (2)

Answer #1
770 votes
Taking into consideration the above facts mentioned .
The flat owned by you and your daughter is a self earned property . In such a case no other than you and your daughter have the right over it . Also while there is division of properties in a joint family . The properties ansistorial earned are liable to be divided . As well as the property earned by your father are liable to be earned. Or the division can be made as per any will .

However the above scenarios are subject to certain documents , agreements , type of property / ies , etc.


Best Regards
Adv Harshad Rathod
Answer #2
664 votes
Your brother can't demand any right on this property. As you and your daughter have taken loan and working hard to paid the loan. There is no question of share of this property with you brother.
If u mentioned in WHICH STATE you are then give more focus on it.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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