My father has 3 son 2 daughter. 40-50 year ago we bought a home from someone else without any written document.and we have 2 agriculture land without any doc.these lands were gifted by my maternal grand father to my monther. and these land and house are registered against some third person who is living abroad for long time. My mother is passed away recently. my father is blind and he stay with younger brother. now my both brother are denying to share equal part of the property.they have refused to give any single bit from the property.my father is also not supporting me. Now none of the property is registered with my mother or father ,and there is no property will. so i have 2 question 1- does my father have legal right to refuse to give property to me even there is no deed/documents for these property which is registered to 3rd person. 2- Please suggest what should we do in this case ??if we file a case in court how much our case will be strong?
If this home and these lands belong to your parents, how could it be registered in the name of a 3rd person?
In any case, parents property is to be inherited by all children equally. Thus, this property is to devolve on all the 5 children and hence, one or more of them cannot exclude the other from inheriting the property.
You can claim your share by way of filing a court case, but this case can be filed only after the demise of your parents.
There is no property registered in your father or mother name
2) you should convince third party to register land in your father name . Your father does not have any clear and marketable title to property
3) your father should file suit to direct third party to register land in father name as full consideration paid by him
4) during father lifetime you have no share in said property
please understand,my father is not in favour of me..if 3rd party register this land to my father than my father will not give a single inch to me..please suggest me what can i do now..?? how can i claim my part.
You have no share in land during your father lifetime
Only on father death intestate would you have equal share in land
First, ensure that your father derives a title over these properties.
Only once this property is transferred in the name of your father, you can claim a share in these properties, that too, only after the demise of your father.
Presently you do not have any share in the property that is possessed by your father.
You will have share in the said property only if your father passes away without a will.
Also your father does not have a clear title over the land.
Ask the third party to register the land in your father's name.
1 your father cannot refuse
2 you file for partition you can get your share
Dear Client,
If the father is alive and the property is earned by him, than u and all other sibling haves no right in the property, and ur father can give property to any one, by WILL, gift, sale etc.
And in the agriculture land of ur mother , u have equal share in the property along with ur father n siblings including sisters.
U can claim ur share through court, if they are reluctant to give u ur share.
1- does my father have legal right to refuse to give property to me even there is no deed/documents for these property which is registered to 3rd person. - they have long uninterrupted possession, give them valid title as of owner. Also, if it is not challenged by the third person, in whose name it is still registered, no dispute.
2- Please suggest what should we do in this case ??if we file a case in court how much our case will be strong?
so i have 2 question 1- does my father have legal right to refuse to give property to me even there is no deed/documents for these property which is registered to 3rd person.
Since your mother herself did not have any title or interest in the properly, the claim made by your two brothers to acquire the property by themselves is not maintainable.
You can file a partition suit claiming your share and separate possession.
Let the court decide after hearing both the sides.
2- Please suggest what should we do in this case ??if we file a case in court how much our case will be strong?
You can file a partition suit which will be best idea to follow.
please understand,my father is not in favour of me..if 3rd party register this land to my father than my father will not give a single inch to me..please suggest me what can i do now..?? how can i claim my part.
If your father becomes absolute owner then he need not give you the desire share in the property and he may be even not favoring anyone who he may not like, it is his own will and wish, you cannot force him to give any share in the property.