• Property rights and dispute

My father has ancestral property in U.P. He is selling off all the property and buying new property in Mumbai and transferring all the rights to my brother. My maternal uncle is poisning my father's mind against me.
My father has 2 childern, me (Married Daughter) and my brother. Kindly let me know if i can get the share in my father's property.
Also, if my brother refuses to give me right in the new property and gives that property on rent, can i take a step against it?
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

Since both you and your brother have a right to inherit this property, your father cannot sell off this property lying in Uttar Pradesh unilaterally. Thus, even before he sells this off, you may file suit for partition and seek a stay against other stakeholders against the alienation of this property.

As regards to the self acquired property of your father. He may do anything with the said property during his lifetime. However, if he dies intestate, only in such a scenario you'll may stake a claim in this property..

Vibhanshu Srivastava
Advocate, Lucknow
9680 Answers
312 Consultations

1.Both son and daughter have equal rights in the ancestral proeprty of father.

2. If your father is selling the ancestral property in arbitrary manner you can file the suit for partition to claim your due share and also for injunction so beofre the final adjudication of the suit the suit property may not be sold to make your claim infructuous.

Devajyoti Barman
Advocate, Kolkata
23300 Answers
520 Consultations

If the property is ancestrol and is being passed upon your father from the ancestors , you have a legal claim over the property ,, you can file a civil suit of permanent injuction and take a stay from court to restrain your father from selling your share ..

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

what basis you say property is ancestral ?

property inherited by father on your grand father demise is not ancestral

your father is at liberty to sell the property and buy another property in joint names

Ajay Sethi
Advocate, Mumbai
97330 Answers
7864 Consultations

If your father is transferring the property to son during his lifetime willingly then you can not claim any share on the same as it is his property and he can disburse it in manner that he deems good.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Since this property was inherited by your father from his father's share of property, it becomes his own and absolute property.

Hence any property bought after selling this property at Mumbai or elsewhere, that also becomes your father's own and absolute property.

Your father has full rights in his property to dispose it in any manner,i.e., he can transfer the property only to your brother without giving any share in it to you or to anyone.

You cannot question his authority over this.

Legally you cannot claim any share in it hence you may approach your father through relatives and well wishers of your family for getting any share due to love and affection from your father.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

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