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Does brothers have right in their elder brothers property


15-Jun-2023 (In Property Law)
There are five brothers in a joint family. All are married. After the elder brother death all movable property was divided. But some immovable property was found in the name of elder brother only. Although all immovable properties matter was in civil court for equal shares. if the said property was sold now a days. 1. Can all 4 brothers take share equally. Or Only elder brother's children will take share. If any circular in this matter is available then provide me my mail id.
Answers (3)

Answer #1
652 votes
if the property were purchased by the fund of joint family share then the property can be divided among all the family members in equal shares, but it has to be prove with strong evidence in the court of law.
Answer #2
835 votes
If the sold property is share of your eilder brother, then the sell amount goes to his children alone and you along with other brothers have no right over it. But if the property belong to all and only in the name of of your Wilder brother, then you and your brother have right.
Answer #3
945 votes
If the property is of the deceased brother, only his children and wife will be entitled. The Sale Deed of the property and other circumstances are required to be judged minutely to find out whether the property was self acquired property of the deceased brother or of joint Family. If it is of deceased brother, it is for his children alone.

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