• Joint family property

My grand father has one brother.in 1966 my grand father`s brother purchased a property(self acquired property) on his name before partition.my grandfather and his brother also got some ancestral properties.my grand father and his brothere were basically agriculture bussiness.in 2004 my grandfathers brother died. In 2005 my grand father and his brother son did a partition of ancestral properties by registered partition deed.
My grandfather also died in 2006.my mother also died in 2005.
Is it possible to claim a share in my grandfathers brothers property?. Who has to prove?.burden of proof is on me or my grandfather s family?
Asked 2 months ago in Property Law from Coimbatore, Tamil Nadu
Religion: Hindu
1)once partition has taken place it ceases to be ancestral property

2) on grand uncle demise his wife and children would be legal heirs

3) you have no share in grand uncle proeprty
Ajay Sethi
Advocate, Mumbai
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The property of your grandfather's brother, if he died intestate, has devolved through succession on his legal heirs i.e widow, mother and children. So yo cannot claim any share as you do not have one in the properties of your grandfather's brother.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
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Since partition is already made you can not claim any share in the proeprty of your uncle.
So filing of the suit would be a futile exercise.
The onus if proof always lies heavily on the person who files a suit.
Devajyoti Barman
Advocate, Kolkata
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If property was purchased out of joint family funds grand father and grand uncle woukd have share in the property 

If yiu claim you have to prove property purchased out of joint family income 
Ajay Sethi
Advocate, Mumbai
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1215 Consultations
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If this be so then you can file a suit for declaration that the property was purchases through income generated from joint family property, but you will have to prove it in the court through cogent documentary evidence. The burden of proof will be on you.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
Is it possible to claim a share in my grandfathers brothers property?. Who has to prove?.burden of proof is on me or my grandfather s family?

You have stated that yor grandfather and his brother's family have properly partitioned their properties by registered partition and acquired their respective share in the properties, then where is the question of you claiming  a share out of your grandfather's brother's properties.
Any rights in your grandfather's intestate properties were lying n your mother alone and not you.  
If your grandfather was reported to have died intestate then your other had a right to claim a share out of his properties, if so whether she made any claim so far?
If your mother is not alive now and your grandfather was reported to have died intestate, then a share that was entitled to yor mother may be claimed from the legal heirs of your grandfather  jointly by all the legal heirs of your mother and not you alone. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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But this property was purchased, when there was a joint family.this property was purchased out of income from joint family properties.two brothers were cultivating jointly.
Does this fair enough statement ?

When you have mentioned that this property was properly partitioned by a registered partition between your grandfather and his brother's family, it clearly indicates that there was a fair distribution of the property between them, hence the legal heirs of your property are entitled to a share out of your grandfather's property alone. 



Me and my grand uncle family, both dont have proof for income?
In  that case , burden of proof will be vested on me or grand uncle family?

If there is no law entitling you for a share in your granduncle's property, why do you have to strain to procure a non-existent proof 
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
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1) source of funds for purchase of property will determine whether it is joint family property or not 

2) if yiu are able to prove that it was bought out of joint family funds then only woukd you have any share in the property 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
1.  If that particular property was ion grand uncle name, then how can you get a share in it. If he died intestate then his own legal heirs shall be entitled to succeed that property and  not outsiders. 

2.  You are not entitled hence no use of giving any answer to further part of this question.
3.  No.
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
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1. You can claim succession to the properties of your grandfather only if your father is dead.

2. Receipts of sale consideration would show the source of consideration.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0

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