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Rights of children in father's property

(Querist) 26 May 2012 This query is : Resolved 
We are one sister and three brothers.When I was five and my elder brother was three we were sent to our maternal and paternal houses respectively.The other two brothers lived with my parents.Now we are all married and settled and our father is alive.Now he has gifted(danpatra)all the property(ancestral+his own) to the other two brothers.Me and my elder brother are not given any share.How will we get a share in it?
Nadeem Qureshi (Expert) 26 May 2012
Dear Querist
you can get your share from ancestral property not in his own self acquired property after fulling a partition suit against him before court.
feel free to call
Rajeev Kumar (Expert) 26 May 2012
If the property is ancestral then you can claim for your share and the gift will be revocked in title suit. If the property is self acquired then nothing can be done.
Adv.R.P.Chugh (Expert) 26 May 2012
You can seek setting aside of gift as regards ancestral property and claim partition. But gift as regards self acquire dproperty stands valid.
R.K Nanda (Expert) 27 May 2012
No more to add.
Shonee Kapoor (Expert) 28 May 2012
Nothing left to be added.


Shonee Kapoor
Anirudh (Expert) 28 May 2012
Many persons have wrong notions about what is actually an 'ancestral property'.
Therefore, one has to approach a lawyer, discuss the fact situation and obtain a clear opinion whether the property is truly 'ancestral' or not, before proceeding further.

Alternatively, the querist can state on what basis they say that the property is 'ancestral', and the experts in this LCI Forum would be in a position to confirm the true nature of the property.
Beauty (Querist) 28 May 2012
Actually the thing is that I stay outside India and therefore can't contact any lawyer.About the property,the house was transferred to my father's name by my grandfather.My father has ten sisters so the other lands were taken over by my father.Neither did his all sisters sign the paper saying that they have no claim on the lands nor did he do this infront of a register or notary public.Now is this called "ancestral".What are our shares in this and how are we supposed to get this?

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