Legal Question in Wills and Trusts in India

property matter

hi,

advocate

i want ur help

hoping u will guide me

i am asking you.....

my father and uncle get separated legally 5 years back

that time all farm and house at village was separated without any quarrel

now

my uncle wants share from our house now at city which is earned property of my father but it was bought when we were united

and is on the name of my father till now

so plz help me in saving my home which is earned by my father by his life long hard work

and in which no one from relatives contributed

thanking you


Asked on 11/27/08, 12:20 pm

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: property matter

The answer may depend upon the partition deed earlier executed between your father and your uncle; and the date of acquisition of this property by your father;

If the family was joint when this house was purchased; and if the house was purchased from the joint family funds, it could be a part of the 'package' which required partition.

Thus a clear answer without having complete facts, may not be proper. You are advised to consult a local advocate with all the documents in your possession.

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Answered on 11/28/08, 11:26 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: property matter

He has no right in asking share in such property

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Answered on 11/29/08, 8:33 am
Nasir Butt Nasir Law Associates

Re: property matter

It is found from facts provided that uncle has not right in the property of his brother which is self acquired property. Also keep in mind, benami property is prohibited in India.

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Answered on 11/29/08, 9:07 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: property matter

No right stands with him asking share in the property.

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Answered on 12/20/08, 6:47 am


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