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Does my brother have business right on family property
20-Feb-2025 (In Property Law)
We living among all shops around our house. My brother he open general store on family property. He not share his business income with family. After my mother and father deceased, he not willing to sell family property and he demanding additional business share. If I file partition, can my brother demand business right on family property?
Since the general store is operating on family property, your brother does not have an exclusive right over the land unless a legal partition has already been done. The property belongs to all legal heirs, and you have the right to seek partition.
Your brother's business income is separate unless it was established with joint family funds. However, if the business benefits from family property, you may claim compensation or rent for the use of your share.
If you file for partition, your brother cannot demand an additional business share unless he proves a legal right over it. The court will divide the property based on inheritance laws, ensuring a fair settlement.
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Adv. Vishesh K Sapra
Delhi | 25+ Answers
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Legal Actions Available
1. Partition Suit – File a suit under Section 54 of CPC to legally divide or sell the family property.
2. Eviction Suit – If the business is unauthorized, seek eviction through a civil court.
3. Mesne Profits Claim – Demand compensation for using joint property for personal business under Order 20 Rule 12 of CPC.
4. Injunction – Seek a court injunction to stop unauthorized business use.
Advocate Jayatee Chatterjee
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Adv. Jayatee Chatterjee
Delhi | 5+ Answers
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Yes you can file suit for partition, possession and mesne profit in this scenario. You need to hire expert advocate in this regard. We need to evaluate all the documents and YouT brother must pay the share earned on join properties
Plz b in touch
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Adv. D. Khan
Delhi | 1000+ Answers
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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.
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