Legal Question in Wills and Trusts in India

my father has transferred the hereditary property to the son without the consignment of me,daughter I am living a1600 km far away from this property for job purpose. For legal matters where to contact? is it possible to proceed without disturbing my job.I am working in pune Maharashtra .property is in Kerala . Is there a chance to get my rights


Asked on 4/20/12, 9:56 pm

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

Share of ancestral property belonging to your father lying in his name can be legally transferred by him anytime during his lifetime to his son if he so desires and wishes to - i.e your brother as in your case. Are you keen to proceed against your father and file a writ petition against him challenging his decision to transfer his entire share of the ancestral property to your brother ? If yes, you will have to execute a Power of Attorney (POA) in favour of any of your relative in Kerala who can represent on your behalf when the matter comes up for hearing in the District Magistrate Court.

Although the chances of your winning the case are slim, you can attempt to challenge your father's decision if you have the will and the resources to spare in the matter.

You have not mentioned anything about your mother, who can also ably help you in resolving the matter in your favour. What is her opinion in the matter ?

You can mail me with the answers for further on-line legal advice at [email protected]

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Answered on 4/20/12, 10:29 pm


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