Legal Question in Real Estate Law in India
We are 2 sisters, 2 brothers, father and mother. Two Sisters and my elder brother have got the married and at present I am still single. My father buys a custodian property (Two Floors) since 1990 behalf sold after grand father�s property. My elder brother (Working in Government Sector) has taken the charge of our ancestral property in second floor with tersest.
He claims that my father had made a will (Last Year) giving away the (2nd Floor with Tersest) ancestral property to my elder brother and he trying to purchase our portion and my mother and me trying to stop all this because I think the ancestral property divided by equal share to all children and present.
Also, this is bringing your kind notice that my one sister was divorced last five years and she is living (First Floor) with our children in father�s property.
I want to know we have a right (Mother, Sisters and me) on the entire ancestral property? How can one prove in court that the property is ancestral divided by the equal share.
What options do I have?
8 Answers from Attorneys
01.02.2013
Repeat query ... already answered
Although it has already been answered, I would reiterate that this case requires examination of the documents to ascertain what right and remedy is available.
Kind Regards
Setu Niket
Advocate
+91-9873109672
All the heirs of your father will have right as per the law of succession governing him.
Nature of case needs to be decided as per the documents, information and proposed evidence.
All children are equally entitled as per law of succession. It is not clear whether your father is alive today or not?
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for prooving that the property is ancestaral, inspect the records of the property at the sub registrar's office. you will get all the details of ownership etc. You have quite a few options of legal recourse. Kindly consult a lawyer urgently before it gets late.