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Author Topic: Inherited land  (Read 332 times)

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Offline Manjit

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Inherited land
« on: March 15, 2016, 04:02:04 AM »
My dad had remarried after my mom's death...and our stepmom has 2 sons from her first marriage...my dad has inherited land and he wants to sell it off...he is saying he will do fd and nominate me ...what are my property rights considering he doesn't want to give anything us(we are 2 sisters and one mentally disabled brother)...he also has one self earned house.
Thanks much

Offline rajgopal sripathi

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Re: Inherited land
« Reply #1 on: March 15, 2016, 05:35:16 AM »
HI
Your father cannot sell the inherited land without your consent.
More so, you also have a mentally disabled brother. Since the mentally disabled brother also has rights, actually all of you should get court permission to sell the property. courts will permit the sale if and only if the sale proceeds are deposited in the form of FD in the name of Guardian and submitted to court.
The best option would be to sell the property and get the FD in your name only instead of your father's name.
Rajgopal Sripathi
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Offline Manjit

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Re: Inherited land
« Reply #2 on: March 15, 2016, 08:32:47 AM »
Thanks much for advice...are our stepmom's sons also have rights from this land? What if my dad doesn't agree to have FD in our name?
Can we have custody of our brother? Not for money but because as obvious step mom won't take care of him properly.
Thx

Offline rajgopal sripathi

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Re: Inherited land
« Reply #3 on: March 15, 2016, 09:24:56 PM »
Hi
your step mom's children from first marriage will not get any share of your father's property.
Your dad has no choice other than to put the FD's in your names. the reason being these are ancestral properties and also that you have a brother who  is not self sustained. Since he also has property rights, all of you need to get a court sanction to sell the property failing which the sale will be invalid.
Custody of your brother and his share of property will be granted to you . but that request should be made in the court and ratified by the court. you have a valid point here.
Rajgopal Sripathi
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