How to safeguard?
Laxmisaran
(Querist) 16 June 2015
This query is : Resolved
Dear experts, Good Day!. My father have a share in 2 properties,but both are in the name of ancestors. My father have 4 brothers. Totally there are 5 sons. My father is the 4th son. The first son died recently. Now, 2nd,3rd,4th(father) and 5th are alive.
I am unable to trust my father's brothers due to the their behavior and attitude. They are hiding the information about the properties and my father have never inquired about the property to his brothers.
I request you to give a solution to safeguard the property of my father.
Also, i doubt whether they will cheat me, after my father's life. So, how can i get the property to be available in my name in the mere future.
Thank you.
Anirudh
(Expert) 16 June 2015
1. First you have to be sure about the ownership of the property (i.e. in whose name the property stands).
2. Second you have to be sure whether the said owner had not already WILLED/Gifted the property in favour of anybody. (In other words, are you sure that your father still has a share in the property?)
3. If you are sure, then you (your father) can ask for partition of the property.
Only in the above manner, the share of your father in the property can be protected. Not otherwise.
Rajendra K Goyal
(Expert) 16 June 2015
Your father has share in your grandfather's property if he expired intestate, may file case for partition after confirmation regarding property and share.
