Dear Sir,

Dear Sir, We are three brother, My father purchase a property in Delhi in power of attorney and later on he transfered the said property to my mother name through Registered Deed, so now my mother was a legal owner of the said property by virtue of Registered Sale Deed.

I living separately as my mother haveing not cordial relationship with my wife, so for their peace (Parents) I living separately, without my knolewdge my father disowned me from his property and give a newspaper add. My other two brother is living with my parents.

Now my mother was died, and she left no will or gift deed to any one, Can i get the share in the above mentioned property. please help me

Dear Mr.Ranjit,

 

Yes you are entitled to 1/4th of the said property alongwith your father and brothers. The fact that they gave a public notice disowning you is of no avail, and was I guess meant to protect them from a false dowry case etc. 

You can at any time seek a partition of the said property, and get your share culled out.

 

Feel free to talk !

You are entiled to 1/4th share in the property alongwith your father and two brothers. Publication in newspaper by your father that they have nothing to do with your matter and disowning you is of no avail and nor it have any value inthe eye of law which restrain you from your right in property. It has published only to safe themself from the criminal cases brought by your wife or your in-laws.

Since the property is not ancestral but purchased by your father/mother, it is their wish to gift or will  the property to whoever they wish.

 

However, the purchaser of the property is your mother since your father was only a PoA holder and the actual transfer was done in your mother's name and this deed was registered (of course with proper compensation as you have to pay proper stamp duty). SO the mother is the owner and she has passed away intestate.

So you have a 1/4 share in th eproperty and you may ask your father and brother to give your share by sitting with them and having discussions. If you do not come to a mutually agreeable solution, then you have to go through the Courts which is time and money consuming but you are eligible for getting your share.

S Jadhav

Respected S.Jadhav Sir,

What happend to disowned status of me? My father already disowned me by registered deed also give add to newspaper about 6 years back, till I can get my share of the above mentioned property.

Please give me your openion.

Thanks with regard,

Ranjit

 

 

You have a right in your mother's property and hence even if your father has disowned you, it does not extinguish your right. Hence you are still entitiled for your share.

S Jadhav

 

no one can disown any by just giving paper publication. remember partition is a birth right so the news paper add dont have any legal validity. u can file a partition suit and u can win the case i am sure in this..

 

For more information and detailed discussion mail me to VIVEKINDIANLAW@YAHOO.COM because i am not a regular visitor of this website..

Ranjitji, there is no legal status to any newspaper advertisement. so do not worry about it.

However, please proceed to get your share. If there is no effort and action on your side for many years, then the Court may question why you did not act even after knowing about the newspaper ad. you are entitled to your right but the Court can only help if you proceed in establishing the right.

S Jadhav

Dear Sir,

In my previous query thereis some mistake, actually the property purchase by my mother on GPA at Delhi and later on selled the same property to my father on registered deed. Now the owner of the property is my father. 

I living separately as my mother haveing not cordial relationship with my wife, so for their peace (Parents) I living separately, without my knolewdge my father disowned me from his property and give a newspaper add. My other two brother is living with my parents.

Now my mother was died, and my father is alive, and my two brother living with my father, but my father refuse to give any share of the above property, so now my question is, I have any legal or willful right on the above property, as I believe in future my elder bother can make a will with my father in his favour. Please clarify the things. Thanks with advance.

Dear Sir,

In my previous query thereis some mistake, actually the property purchase by my mother on GPA at Delhi and later on selled the same property to my father on registered deed. Now the owner of the property is my father. 

I living separately as my mother haveing not cordial relationship with my wife, so for their peace (Parents) I living separately, without my knolewdge my father disowned me from his property and give a newspaper add. My other two brother is living with my parents.

Now my mother was died, and my father is alive, and my two brother living with my father, but my father refuse to give any share of the above property, so now my question is, I have any legal or willful right on the above property, as I believe in future my elder bother can make a will with my father in his favour. Please clarify the things. Thanks with advance.

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