• Clarification regarding my earning and property I bought

I am working in public limited company and receive EPF, Gratuity & other benefits. I built my house by taking loan. House is on my name. I also invested money in pension plan etc. We are two brothers and my brother is doing business. He is leaving in different city with his family. My father bought house for my brother (still on my father's name). However for me I didn't take any money from my father or brother and built house by my self. Do they have any claim on investments I did from my earnings (Salary received from company)? House, Car, EPF, Pension and other investments? My father has farm land and one other house. He has not yet decided about division of property. Even I didn't ask. I am asking for clarification in case if any claim comes from my father or brother that we are not separated and whatever you are earning or property you have is joined property and will be discussed when we will have meeting for division of property. Please clarify.
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

1. No they have no right over your assets and investments.

2. No as it is self acquired by you they have no right to ask share from same as no money from joint family income was invested towards purchase of your property and investments.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Your father and brother have no share in property and investments standing in your name 

 

2) I presume you are able to prove that full payment has been made by you only 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

Please note that every property moveable or immoveable acquired solely by your income only you have the right and your father or brother does not have any claim on the property. Ensure that you maintain records to show that all the property is purchased from your income. You can dispose off your property to any person you like once it is earned by you

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

No they don't have any claim over the same. It's your self acquired assets. 

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

If it's self acquired property then they don't have any rights in your self owned purchased property.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

No. None have any say in your self acquired assets.

Not even your wife and children except maintaince.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

They have no share in your property.

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Sir,

You question is appropriate and timely. Yes, you must clear now itself. Get a release deed from your brother and father that they have no right on your self acquired properties and you have share in the properties of your father as per his wish.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

The properties whether immovable or movable that were bought by you out of your own funds and on your name exclusively, shall be your own and absolute property.

Nobody, including your wife or children can claim any share in the said properties as a right.

your father's properties are his own proeprty, he can decide about distributing the same as per his own will and wish, nobody can force him to transfer to his or her name by force or any other means.

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

1. No they don't have right on any share from your earning or your investment or house.

2. While division of property The division will be only regarding ancestral properties if your father will be alive while partition because his self acquired property will be divided according to your father will. 

3. If property is divided after demise of your father and he dies intestate that means without any will then property will be equally distributed among all legal heirs of your father.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

- As per law, nobody has right over your earnings , property etc during your life time . 

- Since you have raised the fund & property , hence being the self acquired property and fund, it not came under the umbrella of joined property . 

- Joint fund /property means , that your father , brother  are working in one and a common business .

- Otherside , being one of the legal heir, you are having right over the property of your father , but he cannot claim a share in your property legally. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

1.  NOBODY (including any relationship, whichsoever & whosoever), can claim any movable /immovable properties, IF it was purchased in your name with your self-acquired /earned funds and is duly reflected in your income tax returns.

2. However, in the event IF Father does not have money for his self-sustenance, THEN you become legally liable for his maintenance needs (under senior citizen laws).  Brother or his family has no right over your self-acquired properties.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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