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What is the division of share of joint property among family members


11-Jul-2023 (In Family Law)
We have a small construction business registered to my uncle, we do govt contracts like roads and drains etc. we are planning to start a asphalt batching plant in the name of the company registered to my uncle(father's younger brother) and our's is a joint family staying 14 members in the same house, my father is the head of the family. my father has 3 younger brothers staying and doing business together, some properties are registered in name of my uncle's. my question is NO 1= do my father and other members who are staying with us has a equal right's in the share of the company ? NO 2= in future while dividing the properties among the family members, is that the company will also be divided each or it will only owned by my uncle ( registered in his name) ? NO 3= my uncle has more properties registered in his name compared to others, is that those properties will also be divided equally among others in the family?
Answers (1)

Answer #1
789 votes
Hi, As the Business is run by all the brothers of the family jointly, It would be very much necessary to prove that the property gained or registered on the name of your uncle are through the fund/due to the finances provided or accruing from joint family property or business, and not exclusively his own merit/work. You would have the onus to prove that the property could be acquired by him only due to the efforts of all the members of the family. Hence whatever forms the majority would govern. Once it is so impressed, you can seek a partition.
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