property bought by joint family money, treated as self earned property
07-Sep-2023 (In Property Law)
Hello, my father and his brother did partition between them in 1999. In which they get 3acres land each. In the partition deed my father's brother property details written as 3acres. But in my father's property details it is written as 1acre only. It is because remaining 2 acres were bought in my father's name before partition. They does Not include that 2acres in the partition deed. My father is not a salaried employee. Both my father and his brother are farmers only. They both jointly did agriculture and bought that 2 acres and registered it in my father's name before partition. Now the problem is... My father has two wives. And he is living with his 2nd wife. I'm the son born to 1st wife. Now my father is telling that 2acres is bought by his own earning and he is trying to give that land to 2nd wife's son by gift deed. Please advise me whether that 2acres bought before partition in my father's name but with the money taken from the joint family treated as own earned property?
It cannot be treated as self earned property, however it is cumbersome to challenge a gift deed if executed, in the court. You must immediately move the court for stay on any encumbrances over the property.
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