dg (house wife) 26 March 2015
My father had constructed a house in joint name with my mother. My mother died in 1988 without making any will. Now my father wants to give the whole property to my brother without giving me any. Is he can do this. The plot was from government in 999 years lease and in its term and conditions it has been stated that the plot cannot be partitioned without the approval of the govt.
Do I have a right in my fathers property?
SAINATH DEVALLA (LEGAL CONSULTANT) 27 March 2015
House jointly owned by father and mother, only mother's ill not valid. UR father can gift it to anybody as it is self acquired. Hence legally U have no say
Advocate Bhartesh goyal (advocate) 27 March 2015
Advocate Ravinder (Advocate/Attorney) 27 March 2015
I Agree with Bhartesh goyal sir.
T. Kalaiselvan, Advocate (Advocate) 30 March 2015
Your mother's share in the property will be considered as intestate property and it will devolve equally upon all her legal heirs namely, you, your brother and your father, therefore your father cannot divest your interest and rights of your share in the property to anyone without your consent.
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