Can I construct house in my property?
3 years ago
We are 4 brothers and one sister, all are living seperatly. My 2nd brother filed a partition case on all of us claiming he did not get anything from our parents, since the properties we got from our parents are self aquired property and the wills are registered legally. Whatever property given to my 2nd brother was not through will, It was directly purchased from others by my parents by thier own cash, and made it to my 2nd brother's name, so there is no proof that he got his share from my parents. We also can not prove that, since the purchase was done by cash. So now he took this advantage and filed a partition case on rest of us claiming that he did not get anything from my parents. Since all the properties which we got from our parents are self aquired properties, should I worry about anything? Can I start construction in my property? If I start construction, is there by any chance that my 2nd brother bring stay order on my property? Please help.
Ashish Kumar Bhuriwale
Responded 3 years ago
But the problem in your case is that you have to filed your reply in the said partition suit along with counter claim stating that, you would like to bring to the knowledge of the court that the property which has been purchase in the name of your brother by family funds or through your parents which also amounts to family property and the said property need to be also partition.