A recent ruling by the Madhya Pradesh High Court established that anyone claiming joint family funds were used to buy land must provide proof. Simply stating it is not enough to make the land joint family property. Based on this decision, two brothers (Vinod and Deendayal) lost 5 bigha 18 biswa land which their father purchased in 1998 in their elder brother’s (Kailash) name.
This land is located in Morena and was bought through a registered sale deed dated August 20, 1998, in Kailash’s name. Vinod and Deendayal were unhappy with this arrangement and stopped Kailash from taking sole possession of this land. They claimed their late father had purchased it using money from the joint family and so the land belonged to their joint family.
