Legal Question in Civil Rights Law in

On 1983 my father along with his father and brother went for partition deed and we (Father, Mother, Daughter & 3 Sons) live in joint family along with my father�s share. My father I have two brothers and one sister. My sister was married and settled at US during 2000. My first younger brother was married during 2005 and settled at UK. My youngest brother is working in US and yet to be married.
I look after all the properties in my home town along with my father. My brother created a problem on 2008 against myself and hence, my father mother and everyone turned against me.
My grandfather died in 1994. On 2002 my father was working in a bank and it happens to purchase a property adjacent to our grandfather�s property. The property was only purchase by my father with our joint family income only the reason to utilize the land as pathway for our remaining share in my grandfather�s property. But, this was not mentioned in the purchase document. Since, my father was working in the bank and my brothers and sisters are working abroad and hence we purchased the said property in the name of my mother apart from our ancestor�s properties. The property was purchased by way of joint account (My father & mother) cheque.
Last month my mother sold the property without my knowledge. Also the property was purchased only to treat as path way for the share in my grandfathers share property.
Do I have right to claim my right in the sold property?

Asked on 8/22/10, 12:01 am

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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as the property was purchased by your father out of the joint funds, it become a joint property and not self acquired property and you have an equal right in the property. in case you can prove the transaction made in the past by your father, you may approach the court and seek cancellation of sale deed executed by your mother and also seek partition of the property.

Answered on 8/22/10, 11:36 pm

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