quesFather bought property in name of brother. Do we have share in it?

We are 4 brothers. In 1967, when the other 3 brothers were minor, father funded for a property which the eldest brother purchased in his name. Eldest brother was studying at that time. Our father passed away 3 years back. The eldest brother without informing anyone has sold that property.

 

Now how do we prove that it was purchased from joint family income and we too have the share.

 

  • ans 

    At that time the only source of income was your father's income and your brother was not working and he had no income of his own. So, it is clear that the property was purchased by your father with his individual income, thereby, you become the owner if your father died intestate. So you can file a case of partition against your brother. 

     

    Further, you can file a case for criminal breach of trust and cheating stating that your brother very well knew that the property is a joint one as bought from common funds of the joint family. Despite that, he surreptitiously sold the same to cause wrongful loss to you all and wrongful gain to himself.

     

    Kindly contact us for any further details and action.

     

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