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Elder brother trying to get share from father's self made property


24-Dec-2023 (In Property Law)
My grandfather during his life time has equally distributed his self acquired property to his 3 sons. Their names were mutated in revenue records in 1980. My Grandfather died in 1988. Subsequent to his death my grand-mother died in 1993. In evidence to that partition all the brothers of my father got executed a Registered Partition deed dated 12/12/1993. So far as the brothers are concerned there is no dispute. Subsequently, my father acquired huge properties by doing different business. He never took the income derived from the lands given by his father.(Grand Father) My elder brother born in 1980. I was born in 1986. Now, my elder brother has filed suit for partition contending that the property is the joint family property. This is Hindu property. My question: 1. What is the nature of the property, which is in the hands of my father? 2. Will my elder brother have a right to ask for partition of the property during the life time of my father? Thank you, Suresh
Answers (3)

Answer #1
980 votes
Self acquired property is not liable for partition when he is alive. Your father is having complete rights to enjoy his property during his life time. Your brother might be clubbing your father's property with your grand father's property. In a partition suit both plaintiff and defendants have 50 : 50 burden to prove their contention.
Answer #2
931 votes
No he is not entitled for the share of the fathers property as you are saying that your father has acquired that property by his own and it is not inherited by your ancisteral property you have to file a petition
Answer #3
593 votes
In your case whatever the property derived to your father from his grand father is an ancestral property. whether the property acquired by your father is self acquired or joint family is the main question in your case. The basic presumption under Law is joint family properties. Your brother can file a suit during the life time of your father. The burden lies on Your father that i acquired the properties by my own skill with out using joint family properties.

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