Legal Question in Civil Rights Law in India
Hi, i have one yunger borther who got married in 2005 and had a son. i got married recently in 2010. We dont have any sisters. we have the property of 14 acres, out of this 5.5 acres has came from ancesters(grand parents).we also have a home worth 40 laks. Now the prob is, my father rigisters all the property to my brother with out even asking me. recently when i took encubarence certificates on my property, i came to know that he has registed two acres in april 2009 and rest in nov 2012.I have not signed any documents till now. I have never signed a partition deed or any sale deed with respect to that property. How can i get my share in the property? could you please suggest ?
1 Answer from Attorneys
sEE, A PERSON CAN EXECUTE A WILL OR GIFT ONLY OF SELF ACQUIRED PROPERTY AND NOT OF ANCESTRAL PROPERTY. Ancestral property will be divided among all the legal heirs equally. So you can claim your share in ancestral portion of property by filing a partition suit and if your father had transferred any share of ancestral property to your brother same can be challenged in a court of law. Don't worry.
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