Legal Question in Real Estate Law in

1. I am a Christian from Tamilnadu serving in the Indian Army and mostly away from my parents.

2. A land has been procured in the name of my grandma on 18 Jun 1942 (sale deed) of 16.25 cents (1 Cent = 435 sq feets). A double storey house built on the plot in 1950.

3. My grandfather has executed a will for equal share of all his properties including the above between my father and his brother on 19 Nov 1959.

4. My grandfather then expired before my grandma�s death.

5. My uncle (father�s brother) has executed a deed on 22 Mar 1971 to bestow his complete share of the property (including the house) in favour of my father for a meager amount.

6. My father executed settlement deeds in favour of my 03 sisters of 2.30 cent, 3.20 cent and 2.50 cent on 30 Nov 73, in 2000 and on 28 Feb 01 respectively.

7. My father executed a settlement deed to bestow a major portion of the property (8.11 Cent along with the massive house) in favour of my brother on 25 Apr 03.

8. He further executed a settlement deed in favour of me for just 1.35 cents on 08 Jul 03.

9. After realizing the injustice meted out to me, my father cancelled the settlement deed made in favour of my brother and registered the �Settlement cancellation� deed on 23 May 07.

10. My father is bed-ridden and my brother is now trying to pressurize my father to again register the land & house in my absence.

Kindly clarify

1. Is the will executed by my grandfather in respect of property held in the name of grandma is valid and its impact on the rights of my father and his brother for further disposal/ distribution. Is the settlement deeds registered by my father is valid ?.

2. Do I have any right to claim equal share of the ancestral property ?

3. To what extent my mother and sisters have right over the property.

4. What action should I take to stop my brother ?

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Asked on 7/22/10, 8:18 pm

1 Answer from Attorneys

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

you may file a suit for partition.

Read more
Answered on 7/22/10, 11:34 pm


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