Any property purchased by funds provided by two members of a joint family acquires the character of joint family property in which all members have equal share. Property will not be shared as per the percentage of funds provided by family members. In spite of one member contributing 90 % and other ten per cent it will be share equally between them. This is the rule under Hindu law of inheritance. If the matter is taken to Court there will be equal division of property.
Property distribution during the family divide
We are two brothers and one sister I'm the younger and all are married and have above 5years kids. During the joint family time (10+years of married life) , We have purchased one land and one Apartment . For apartment I have paid 90% of amount by loan and cleared it remaining 10% was paid by my parents. For one land my self was paid 70% of amount and remaining 30% amount was paid by brother & parents. During the family separation my parents were divided all other assets owned by parents to all of us nearly equal . But on the above said asset how it could have been distributed among two brothers ? My brother and their well-wishers are asked to share equal for these two assets. I suggested , on current market price whatever the profit is coming on investment(land+apartment) will be divided equal to both and initial investment will be taken according to the invested. Could you please suggest which is this assets come under family separation law if yes how it will be divided between two of us (brothers) as per law ?
Asked 3 years ago in Property Law
Religion: Hindu
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6 Answers
Dear Client,
As per the facts which have been provided, who is the owner of the new property? If your parents are owners of these properties and have not made any will then after their death the shares of the properties will be divided among all the children equally.
Thank You.
You should be entitled to 90 per cent of sale proceeds of apartment as 90 per cent was paid by you
similarly for land you should be entitled to 70 per cent of sale proceeds
All the assets which are common property assets will be divided equally between all legal heirs. If it's self acquired then it can't be divided against it's owners will
If the proeprty is not registered on your name, instead if the same has been registered on your father's name, then it becomes your father's own and absolute property.
On the basis of the evidences in your possession you can claim the title to the proeprty by filing a suit for declaration and possession of the property or to direct the other shareholders to refund your invested money with interest till this date.
This is the legal step if you want to approach court of law for partition and distribution of the assets left behind by your parents on their intestate death.
If your parents are alive then they can make a family settlement/arrangement based on the investment made by each towards the purchase of this property.
Alternately you people can discuss the issues on this and decide amicably without involving a lawyer or any other outsider and distribute the property or the sale consideration amount as agreed by all.
If you are looking for a legal solution then you may have to approach court and have to wait for years for the dispute to be settled by court.
1. There is nothing called family separation law in India.
2. In whose name those properties stood or is standing?
3. It is up to the title holder of the properties to distribute the same as per his/her/their wishes.
4. If you are not satisfied with the distribution, you shall have to file a declaratory suit claiming your share in those properties as per your investment.
