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How will property owned by father and elder brother be divided
10-Oct-2023 (In Property Law)
My family is a un divided hindu family. My father was died on 15-06-2006. My father was a government employee. My father had invested 3 lacks fixed deposit in name of my elder brother. (My father had invested 3 lacks in his nae and nominee was my elder brother. I have proof of this ) My father had a wife (my mother) and two sons ( one is my elder brother and second is me) My elder brother and engineer and he is married and his wife is a government employee. My elder brother is in joint family ( that is with me and my mother) upto august 2007. My elder brother has a own house ( house is in his and his wife joint name) and was registered on April 2006.(i.e. my elder brother was in joint family) In registered document my elder brother mentioned my father's residence address. My mohter was expired on 22-09-2015. Q : Can I suit on for partion the house that is in name of elder brother and his wife? Q : Can I prove that the house in name of my elder brother and his wife is a joint family
Each coparcener has a birth right in the joint family property in an HUF. You can initiate partition proceedings. Claim only exists with respect to HUF property. Any property which is received from ancestors by way of partition or otherwise is HUF property. Any property received by the HUF by way of gift through Will, accretions to the existing properties, blended or properties thrown in common hotchpot or impressed with the Character of HUF property by any coparcener etc. are also HUF property, Character of the HUF property on partition in the hands of the coparcener, remains as HUF property
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Ans. 1- you cannot file a partition in respect of the house that is in the name of your elder brother and his wife, since that will be the self acquired property of your brother, if you are claiming for a partition stating that it as a joint family you should be able to prove that the property was purchased out of the joint family funds.
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Adv. Sharada H V
Bangalore | 100+ Answers
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