Legal Question in Intellectual Property in India
My grand father got 3 sons. My father is the last son to my grand father. During his life time he purchased 2 sites one measuring 36x39 sq ft and other measuring 75x25 sq ft. He construct house in that sites for his first son and his last son. He given house constructed in site measuring 36x39 sq ft to my father( last son) and given house constructed in site measuring 75x25 sq ft to his elder son .For the middle son he purchased a site in his wifes place and given to him to construct house measuring 106x(41.8+33.9)/2 sq ft. My father got less measuring site and moreover there will no water and road facility to my house and neighbours are creating lot of problems for us. The other site didn't have any problem like water,road or other facilities. Also the other site contains empty space in front of the house.Till now my father and his brothers haven't transfer these sites into their names except middle son and among these sites also not partitioned our ancestral properties.
Now i want to know whether if we file the case in the court will my father get 1/3 rd share in those sites and all other properties??
1 Answer from Attorneys
1) If the plots were registered in each sons name, nothing can be done.
2) Mutation can be done in each persons name to whom the site belongs.
3) It is not clear whether ur grand father is alive. Full details required for
ancestral properties.
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