LawRato

Share of younger brother if land purchased on name of elder ones


24-Nov-2023 (In Civil Law)
From the family income a land was bought in name of two elders sons, will the younger brothers get share in it ? When the land was bought father was alive, and No will is made that the property should be enjoyed by only elder brothers. The witness person during the time of registration is related to brothers as uncle(mothers elder brother), the uncle knows the land was bought because of the family business(bricks making and farming) and ready to tell court it was family business money. It would be great if someone suggests solution to the younger brothers. Law - HINDU Law Thank you
Answers (3)

Answer #1
623 votes
Hello,
If the property is purchased out of the joint family income then all the members of the family have equal share over the property.
But the same will have to be proved before the court by producing documents that through the family business income the property was purchased.
You can also make the elder brothers to prove that apart from family business they had sufficient income to purchase the property.
As said by you the witness should lead their evidence in support of you saying it s a joint family property.
You will also have to prove why only the younger brother name was not included in the sale deed and that of elder brothers.

Answer #2
649 votes
Want to get proper solution just contact the advocates or else you can't get proper solution of that,because the property matter con't be set aside orally that's would be better idea to get solution bring relevant documents and consult the Advocate there can be get better solution.
Answer #3
895 votes
Yes ofcourse..
You can file suit for partition and separate possession..
Though property is on your brother's name you have equal share into the property as it is property of joint family..or legally part of common hotch potch...

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."