Property of father transfered to one of his son

rajesh Upadhyaya (Querist) 25 October 2015 This query is : Resolved
Sir, please be kind to advice:
My father has a property made by himself and not inherited. He sold a part of the property to his younger son and did the registration. No intimation out information of any kind was provided to his elder son that is me. Now when I asked if I would get any part of his property he said I would not get any property from him. He also stated that He had sold the part of the property to the younger son and not gifted him so that the question of dividing the entire property in equal share among the two son would not arise. Now he stated that the remaining property which is 50% of the entire property would probably be divided into parts between his two son. So in the process I his eldest son would get 25% of the entire property . The sold property is just a formality no monetary transaction was actually made. Also to avoid higher gift tax.

Now is there any redressal mechanism exists for me to have the property equally divided.

Please advise

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Anirudh (Expert) 25 October 2015
You say that your father has a property made by himself and not inherited.

If he has self-earned it, then it is his absolute property and he can do anything with it.

During the life time of your father, Nobody can ask for any share from it.

Even the remaining 50% of the property, if he sells to somebody else, or gifts to anybody nobody can complain..

This is the legal position.

Therefore, you have no right to unnecessarily agitate or claim any share.

Kumar Doab (Expert) 26 October 2015
As per your post you have no forced share in self acquired property of your father.

Rajendra K Goyal (Expert) 26 October 2015
For self acquired property of your father, you have no claim during his life time. He can sell, gift, donate, mortgage, will this as per his wish.

K.S.Srinivas (Expert) 28 October 2015
Since it is the self-acquired property by your father, you do not have any right for demanding share in it.

T. Kalaiselvan, Advocate (Expert) 31 October 2015
Now is there any redressal mechanism exists for me to have the property equally divided.
Your this question itself has an answer. It is your father's own property over which only he has rights in it and he an do anything with it, neither you nor anyone can question his actions, therefore if he is ready to give you 25% share in his property, gladly accept it or else you will not get even that if he decides otherwise.