Apni Law Staff asked 2 years ago
My father, as the head of our joint family, bought a property. He made a registered will leaving this property to me, stating it was purchased using his and my mother’s funds. For the past six years, the income from this property has been included in my father’s personal income tax returns, while no separate tax returns were filed for the joint family. I gifted this property to my wife through the will, making it her personal property. Could my brother claim a share in this property in the future?
Best Answer
Apni Law Staff answered 2 years ago
Your brother may have a claim if he can prove the property was purchased with joint family funds, even though your father registered the property in his name. The fact that your father included the income in his personal tax returns and did not file separate joint family returns weakens this claim. However, the gift to your wife may not be binding on your brother’s potential claim.
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