• Does my father have to give anything from his property to his brother

My father started to work 1980 as a labour in provisional store as days passed his two  brother also joined in 1985 and the owner of the shop gave shop to mention to my father after 1985 and after 1995 the shop owner sales this shop to my father legally it has been purchased in 2002 now the shop owner is my father since today my father made home from his earning later on he also made home and also business for his brother's too compared to my father's brother's my father made bigger house but now my father's brother's asking my father equal share. My father didn't had any ancestors property he started working when he was 16 yr old  and he tried to  educate his brother's they studied till 12th after that they also joined my father  in businesses my father made marriage for them and home and business too and now still they demand for equal property is it legal what they are demanding?
Asked 4 years ago in Property Law
Religion: Hindu

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7 Answers

If yor paternal uncles are claiming for a bigger share in the property then it will become their duty to produce substantial evidence to convince court for establishing their claim.

Your father can challenge the same properly on merits and evidences in his side.

He need not budge to the pressure tactics even sentimental attacks, of his brothers.

T Kalaiselvan
Advocate, Vellore
71857 Answers
1057 Consultations

5.0 on 5.0

1. If the shop is sold to your father alone then his brothers have no share in it.

2.it is not clear whether the show owner sold the flat shop to your father through a sale deed or it was made verbally.

3.if there is no sale deed then his brothers may claim this to be a joint property and claim equal share. it would be a difficult job then for your father to prove his sole share.

4. if the shop owner is still alive then ask your father to get a proper deed done by him to remove all disputes.

Devajyoti Barman
Advocate, Kolkata
22279 Answers
338 Consultations

5.0 on 5.0

If the sale deed with regard to shop is in your father's name then nobody has right over the shop. If so your father is the absolute owner of the shop.No claim will sustain to your fathers brothers.

Ajay N S
Advocate, Ernakulam
3766 Answers
80 Consultations

5.0 on 5.0

You are right that just because they are your father's brothers they cannot claim an equal or any share in the shop or property.

If they still insist, ask them to approach court for remedy.

Legally no claim shall be maintainable.

T Kalaiselvan
Advocate, Vellore
71857 Answers
1057 Consultations

5.0 on 5.0

brothers have no share in father self acquired property

2) your father refuse to bow down to demands for equal share made by his brothers

3) shop is owned by your father , sale consideration for purchase of shop paid by your father only brother cannot claim equal share in profits from business and share in the property

Ajay Sethi
Advocate, Mumbai
81794 Answers
5120 Consultations

5.0 on 5.0

merely because father brothers have worked in shop does not entitle them to eqal share in buisness owned by your father

Ajay Sethi
Advocate, Mumbai
81794 Answers
5120 Consultations

5.0 on 5.0

Your father has sole ownership of the house./shop he developed.

You may go for injunction order if your uncles are trying to encroachment.

Deepak Tiwari
Advocate, New Delhi
91 Answers
14 Consultations

4.5 on 5.0

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