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One brother was given his share can he claim at the time of partition
01-Feb-2023 (In Property Law)
We are five brothers,and three sisters.I am the second person of the family.My elder brother and rest of them literatures,I am illiterate so am only bear all responsibilities of family.while dividings my father got 8 Acres of agricultural field and six thousand debt.At the time both are equal.After 10 years one of my brother ask separation,my father disagreed and finally we gave 50k Rs.But we taken sign normal paper (not on stamp) and written in that till onwords I don't have any rights.But now (after 15 years) recently started again partner ship.Now he eligible or not?
here your brother being real son of your father he have right over the property. he can claim share in propert accordingly.
but in your matter brother have wriiten that he dont own a share in property but the document being unregistered it dont have value in eyes of law .once i need to go through your documents and have a word with u so that we can have a clear picture of it and decide what to do
21+
Adv. Syed Yakoob Zainulabedin
Hyderabad | 100+ Answers
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Once a person has sought partition and subsequently moved out of the Joint family,, he cannot seek further share in joint properties. It is not necessary that the person who asked for partition has been given his full share. if he has taken 50000 and moved out, it is sufficient to prove that the person has separated from Joint family.
A partition need not be registered . even a oral partition or a document written on white paper is sufficient enough.
16+
Adv. Rajagopalan
Hyderabad | 500+ Answers
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