Legal Question in Real Estate Law in India
My father have above 8 acre of Ancestral property, before my father passed away in 2006, my father transfer all the property to my only one brother name by registration partition in 2004. We are three daughter and one son for my father. But my father did not give any thing for us and not mentioning any thing in the registration deed. Because I am the elder daughter for my father marriage in 1998. In 2005 I concert my local lawyer to file the suit for my share in the entire property. The case title is I am the Plaintiff in the case and my family all members are defendant party�s and also my brother sold some property in this time , that purchaser also defendant party of the case including my mother. My lawyer file the suit for partition basis of Hindu succession Karnataka amendment act 1994.
My Questions are:-
1. My father have full rights to transfer the property to my brother name of not?
2. My father transfer all the property in 2004(8/10/2004) this is help for my brother of me?
3. Why my lawyer asking share about Karnataka amendment act 1994, in this time central act 2005 is not in position or any other reason ?
4. He already sold some of the property , in this sold property I have share or not?
5. My lawyer asking 1/3 share for me in entire property how?
6. What is the my share in the total 8 acre property?
7. My brother file suit against purchaser in the AC court Why? AC court case number is entered in the RTC and in the AC court they getting Stay order also how?
8. AC court case give any trouble for me or not?
9. When my father share the property with my brother, my father also have one acre of land in his name. But in the registration deed he mentioning one point, after his death this one acre land should go to his grand children. Please let me know, he have this type of rights or not.
Please clarify my question and please explain each question to your good suggestion.
Thank U
Shylaja
1 Answer from Attorneys
So many facts and queries. It is advisable to consult your lawyer in person with all the details.