Right in property

Tribhuwn (Querist) 15 May 2017 This query is : Resolved
My father will in favor of me out of 3 sons & 1 daughter. house which is in the name of his father. my grand father is 3 brothers. 2 brothers have no child. property is transfer in municipal record in the name of my grand father. 1 brother's wife is willed her husband's share in favor of my brother.but property is not her husband's name in records. my father evict his 2 sons & 1 daughter. In this case explain the my right in the property?

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Kumar Doab (Expert) 15 May 2017
The query could have been drafted in manner so as to convey a clear message.

Kumar Doab (Expert) 15 May 2017
It is believed that you are all Hindu.
Confirm!

Kumar Doab (Expert) 15 May 2017
You may Post:

Who is 1st and original owner from your forefathers e.g; your father’s Father i.e your Grandfather or your Great Grandfather?

Is the property self acquired/earned in the hands of 1st owner or ancestral?

How did it devolve to your Grandfather ( or how was it recorded in the name of your grandfather): It was by say a valid WILL or it was self earned/acquired by your Grandfather?

Guest (Expert) 15 May 2017
Agree with Expert

Kumar Doab (Expert) 15 May 2017
If you are all Hindu and property was self earned/acquired by your Grandfather, then brothers of your grandfather have NO share in it since your grandfather has his own sons, daughter.

In case of Hindu male the 1st right on his estate/property is of his ClassI legal heir’s i.e: Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters………………

If brother(s) of your father had some estate/property whose title was in his (their) name then it shall devolve as mentioned above.

Kumar Doab (Expert) 15 May 2017
If any of son of brother of your father has pre deceased/died then his share shall devolve as mentioned above.

Thus wife of deceased son shall get equal share.

She can dispose her share by a valid/registered deed in her life say; WILL in anyone’s favor……………………including your brother.

Kumar Doab (Expert) 15 May 2017
Eviction of 2 sons, 1 daughter by your father does not affect share in property if:

The property is ancestral. Since both sons and daughters are Co-parceners in it.

The father has not disposed the self acquired/earned property by a valid/registered deed in his life time say; WILL, Gift, sale etc etc

Kumar Doab (Expert) 15 May 2017
Now if you wish you may post why the father evicted 2 Sons, 1 Daughter also from his home!

Usually parents do not discriminate and resort to such action.

Rajendra K Goyal (Expert) 15 May 2017
Whether the property is ancestral or self acquired by the grand father?

Show all documents to a senior local lawyer and discuss.

Kumar Doab (Expert) 15 May 2017
Good to see statement of agreement with expert.

Kumar Doab (Expert) 15 May 2017
You can always approach a very able and senior counsel at your location of unshakable repute and integrity specializing in such/revenue/civil matters.

Guest (Expert) 16 May 2017
Appreciation always Welcome

Guest (Expert) 16 May 2017
Agree with Experts

Adv. Yogen Kakade (Expert) 16 May 2017
Have some courtesy to answer the questions asked by the experts.. as the experts are taking efforts to provide you the solution.

Kumar Doab (Expert) 16 May 2017
Good to see the expression of appreciation for experts.

Kumar Doab (Expert) 16 May 2017
Good to see statement of agreement with experts.

Kumar Doab (Expert) 16 May 2017
Mr.Yogen Kakade is right.

Guest (Expert) 17 May 2017
Agree with Experts

Kumar Doab (Expert) 17 May 2017
Good to see statements.............. of agreement with expert.

Guest (Expert) 18 May 2017
Appreciation always Welcome

Kumar Doab (Expert) 18 May 2017
Good to see many statements of appreciation for experts..

Guest (Expert) 19 May 2017
appreciation always Welcome

Kumar Doab (Expert) 19 May 2017
Good to see many statements of agreement with experts.

Kumar Doab (Expert) 19 May 2017
Enthusing to see many expressions of…. appreciations.

Guest (Expert) 19 May 2017
Appreciation always Welcome

Right in property

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