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Author Topic: Can i now claim the right on father property ?  (Read 687 times)

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Offline manojloya

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Can i now claim the right on father property ?
« on: September 09, 2015, 08:57:12 AM »

Hi,
I am daughter of a hindu family. I have only one brother and no sisters.
My father & mother died in 1972 & 1996 respectively. There was a property in the name of my father.
My father left a will, though not registered, mentioning that the property belongs to my mother.
My mother also left a will, though not registered, mentioning that the property belongs to my brother.

Now my brother has registered a settlement deed in the favour of his son mentioning that my father is transferring the property to his grandson(my brother's son) couple of years back.

Can i now claim the right on that property ?

Regards,
Rani

Offline adv.amarnath

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Re: Can i now claim the right on father property ?
« Reply #1 on: September 09, 2015, 11:51:57 AM »
Hello Rani,

Whether the WILL of your father had ever been taken probate?
Whether the WILL of your mother had ever been taken probate?

These above questions are vital for calculation and determination of the share has been devolve.

Considering that no WILL has been taken probate and ignoring the same. Then you and your brother are the joint owners of the property in respect of  half undivided share. If the WILL is being suppressed then you can file a partition suit against your brother as well as you can challenge the said Deed of Settlement and pray for cancellation. Further you can take injunction in respect of the property.

For further clarification and advice and necessary steps, you can contact me.

Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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