Brother's wife claim share in elder brother's self acquired property


My father when he was at 11years came outside from his father and started to stay with his father's younger brother in another town ,and my father has made some agriculture property, all property are purchase by himself,my father is elder son and he has two younger brother and two younger sister, Now one of younger brother's wife has sent us notice that all my father's property is to be considered as ansisters has he is first son and he acts like father to family and mentioned that we all were in joint family (which is false) and to be divided equally

Answers (2)


221 votes

Hello,
Give a reply notice through lawyer stating these properties are acquired out of your father own earnings and if s not ancestral property. Since all the documents stands in your father 's name and his brother wife s claiming it to be ancestral property the burden lies on them to prove the same. As the documents reflects that your father is the owner of the property to prove the same you can show your father' s earnings to prove property was acquired out of his own earnings.


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286 votes

The notice sent should be replied with the help of legal practitioner, as the division of the property pertaining to your father is not a joint family property as it self acquired property not bourne out of the joint family funds. Hence it cannot be considered as joint family property

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