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Author Topic: Status of property brought in joint family  (Read 710 times)

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Offline reliabilityrajesh

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Status of property brought in joint family
« on: February 20, 2017, 07:03:30 AM »
Hi,
My father and his siblings (four) had divided and settled the property after my grandfather has died without writing any will and this divide has been registered in the registration office. In this document it has been mentioned that “there is no other movable or immovable property to be divided between us. we have only blood relation”.
My father was working in railways, rest four was not working but farming in my grandfather land. Before this split of my grandfather’s property, my father has brought some property in his name (During this time my grandfather was alive). Now my father siblings are claiming that they all have an equal right’s in my father property, as he had brought the property when we were joint family (Before splitting the grandfather property) and filed a court case against my father.
Please advise.
Regards
Raj

Offline advsarmaroy

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Re: Status of property brought in joint family
« Reply #1 on: February 21, 2017, 12:03:09 AM »
Property purchased by your father is self acquired. There they cannot claim on that.

Now if the court entertainments the case it will be interesting to know under what grounds.

Give complete details of their plaint.
Advocate Sarmaroy
Corporate lawyer / Real estate law expert

Offline adv.amarnath

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Re: Status of property brought in joint family
« Reply #2 on: February 21, 2017, 12:29:20 PM »
There claim is illegal and not maintainable in respect of either properties as property has been divided earlier and registration had done. Considering it a Partition Deed. Once partition done, it cannot be reopen
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline reliabilityrajesh

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Re: Status of property brought in joint family
« Reply #3 on: February 22, 2017, 08:56:49 AM »
Property purchased by your father is self acquired. There they cannot claim on that.

Now if the court entertainments the case it will be interesting to know under what grounds.

Give complete details of their plaint.

There claim is "Has the property was brought by my father when they all where in joint family (Even though my father was working and also the partition of property of my grandfather's has already been done) they have equal rights and they want equal share in it. In the case filed they said " during the partition of grandfather property, my father has told them that he will give the equal share of his property (which is not true), now he is not giving the share)". In the partition dead between them it was clearly said " there is no other movable or immovable property to be divided between us, only relation between us is blood relation"

Offline adv.amarnath

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Re: Status of property brought in joint family
« Reply #4 on: February 24, 2017, 11:45:52 AM »
Without seeing the case papers it is not possible to advice you.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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