Lawfarm Team
in Family Law
Asked May 25, 2016

Share of family property

  • 2 Answers
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Do all members of the family have an equal share in the family property even when the eldest brother is earning and does not reside at the family property    

Answers 2

If its an ancestral property then yes regardless whether he stays at the family property or has independent source of income. However, the case will not be the same if the property is self-acquired and shall be governed by a Will made by the person who has acquired the property. In absence of a Will the same shall be governed by Hindu Succession Act. Hope it helps. 
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Shreya Mishra
A gift deed is one of the ways by which property can be transferred. We will proceed with the assumption that the gift deeds transferred to you were registered (Please note that a gift deed would be deemed invalid if it is not registered). Now your brother can challenge the gift deed if he is able to show that your father had executed the deed without his free will and there was coercion or undue influence. 1 Undue Influence can be shown if your brother manages to prove that you coerced your father, or tricked him into transferring the property to you. In such a case, the burden shifts to you and you will have to show that your father transferred the property via gift deed out of his own free will. 2 To establish free will, you will have to show that he had the intention to transfer the property by way of gift deed and he was aware of it when he signed the document. 3 You can show that you had no power to control his will as you were residing away from them and they were staying with your brother. Thus, there is a higher chance that your brother could have exerted an undue influence. Since your sister had executed the first gift deed, you can also show that she did it with the consent of your parents and you had no say in it. For the other two properties that your father has purchased, your brother will be the owner as it is bought and registered in his name. It is not an ancestral property, hence you cannot claim a share. 1 Poonam Pradhan Saxena, Property Law, Page 545; Subhas Chandra v. Ganga Prasad, AIR 1967 SC 878 2 Poonam Pradhan Saxena Page 545 3 Shiv Kishan v. Hari Narain AIR 2008 (NOC) 567 (All)
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