Father 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.
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.
- 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 Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Get Started >>
Answers by Our Lawyers
- Wife's parents physically abused us at home. How to safeguard ourself?
- Can a unregistered will be proven in a court of law?
- How can I change my surname? What are the legal formalities?
- Can I marry a widow or will I face any legal problem
- how to get the property from father as he has an affair outside?