Legal Question in Real Estate Law in

I have 3 brothers and we lived as joint family till 1998, i had purchased a property after my marriage when we lived together as joint family. At the time of partition my father declared that this property shall be shared with my 2nd brother and this was written in a document called "KOORCHIT" signed by me, my father and my brother. This document is not stamped and registered hence, later in the year 2000 i registered this property in my wife's name since the original registered deed is my name. Now my brother is fighting for his share based on this document "koorchit", Can he get a his share.


Asked on 8/24/10, 10:18 pm

1 Answer from Attorneys
Vishwa Arya Arya & Co.

if you had thrown your individual's property in the joint pool and that recital is also included in Koorchit, then you may have problem. If you intentionally and voluntarily let your dad consider your property as property of HUF, your brother becomes a coparcner and you could not have sold the said property to your wife. In any event, this opinion is based on the above facts coupled with the assumption that you agreed to pool your property in Koorchit.

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Answered on 8/25/10, 6:14 am


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