family propertyl

Querist : Anonymous (Querist) 17 June 2011 This query is : Resolved
frinds,
My grand father purchased a property and settled the property to my father as his only one son through a settlement deed before his death. But my father has two sons and I am the elder. Now my father wants to give the property to my brother alone. Have I power to claim the property as my ancestetral property ? Has my father right over the property as his self aquiered property?

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R.Ramachandran (Expert) 17 June 2011
Everything will depend upon the contents of the Settlement Deed executed by your grand father.

PALNITKAR V.V. (Expert) 17 June 2011
In all probabilities it appears that your grand father executed the settlement deed just to see that the property is entered in the name of his son i.e. your father during his life time. If absolute rights like gift were given to your father, then that becomes his self acquired property. In that case you will have no voice.Therefore, as said by Mr. Ramchandran, contents of the settlement deed are important.

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