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my father sold a property in 1988 and distributed shares among brother


24-Apr-2023 (In Property Law)
from my share he purchased a property in name of himself my mother and me. resided with me till death. now one of my brother filed suit to claim his share again. no written proof of distribution in 1988 but my rest of brothers ready to speak. can my brother haqs right of his claim
Answers (5)

Answer #1
604 votes
When there is no written proof pf the partition, then your brother has a right to claim over the property of ypur father. Please fight the case with all the material documentary evidence which ypu have regarding partition in 1988 and try to get a favourable order.
Answer #2
993 votes
Your brother is asking for the share in property , do you have the documents of old property which was sold by your father .....let all the brothers give affidavit and indemnity bonds in your favour before the competent court ...file a suit for declaration in civil court .
Answer #3
599 votes
If you prove that this property was purchased by you, from which money, here can't..
Better u seek the detailed consultation by disclosing complete details in this case, so that exactly can be suggested to do..
Feel free to revert back in case you need any clarification.
Regards
Farzana Akhtar Advocate
Answer #4
898 votes
Your brother can not claim his share in the property if your father or mother executed a will or any other document in favor of your.
In the absence of such, he can have the right as the legal heirs in the share of your father and mother (we both are not alive), else not.
Answer #5
724 votes
Your brother has no right once the partition takes place. But your father had purchased one property in his own name. As per law your brother can claim the right only when the suit property is still considered as HUF property not as a self acquired property. You have to prove in the court, after the partition your father was sole owner of the property and after his death. You are only person to step into his shoes. Revert me.

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