Legal Question in Real Estate Law in India

My Father Passedaway Inestate . leaving 20 acres of ancestral property, a house and plot in hyderabad , apart from that my mother aquired 10 acres of land from her dad, and we recived above 1 lac in PF and life insurance of my dad.

due to defferences i was sentout of house mother claiming ownership of all the property ( i was 10 yrs old) now i requested partition.

I have one older brother. he transfered all the agricultural land pattas in his name, claimed money recived during dads death have been spent . housing plot has been sold ( without my consent ). at some point they did ask me for power of attorney for some transaction it was un registred just a simple letter on plain paper.

what rights do i have?

brother claims his wifes money has been spent so he needs a share for her aswel

( i never lived in the house and i dont even know what has been spent)

Brother claims land has been sold and spent for family aswel

brother claims mothers land for him aswel

i like to recive 50% share in whatever is left with my mother having right to enjoy the income for her support.

P.S house has been converted into shopping complex and it draws about 1.5 lac in rents from last 12 yrs. ( all rents are in partly white and party black).

plot sale transaction has been done by them and i only came to know now money has been deposited into his account.

what remedys do i have ? what am i entitled to .how long does it take?. i came back in financial crisis and now they want to evict me out


Asked on 4/09/11, 1:08 pm

1 Answer from Attorneys

As per law you will be getting equal share in ancestral property. Your brother does not have any right to sale or convert ancestral property in his name or any others name with partitioning the property.

M.P. SANJAY

Advocate

Ph : 9392465234

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Answered on 4/10/11, 1:31 am


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