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Legal rights on property distributed by parents

My father's property that inherited in the form of land and house. This propety my grandfather allocted to his 2 sons and now both of them  are no more. Unfotunately today my co-brother surpised me by asking his share saying that he did not think it was allocated properly. Is this logical or legallly admissible in the court as decades have passed and there were no issues until I listed the land for sale.  



 6 Replies

R.K Nanda (Advocate)     01 May 2025

Your co brother has a share in said land and house. 

kavksatyanarayana (subregistrar/supdt.(retired))     01 May 2025

How did your grandfather allocate the property to both sons by a gift deed/partition/oral?

Dr. J C Vashista (Advocate )     02 May 2025

You have stated that the property allocated is ancestral, so it has to devolve upon all the legal heirs of your father.

However, the facts posted as well as query is not clear, it is advisable to seek professional guidance of a local prudent lawyer.

Vishesh K Sapra (Advocate Supreme Court (888-215-3399))     05 May 2025

Hi Mr. Reddy, If your grandfather’s property was formally partitioned between his two sons and that partition was legally documented, the property would have become self-acquired in the hands of each son. In such cases, the legal heirs of each son would inherit only their respective shares. If your co-brother is claiming a share now, decades after the partition, and especially after you have listed the property for sale, his claim may not hold legal merit unless he can prove that the partition was not executed properly or was fraudulent. However, if the partition was not documented or if the property remained undivided, it may still be considered ancestral, and all legal heirs could have a claim. It’s essential to review the property documents and consult with a legal expert to assess the validity of his claim.   

For further assistance on this matter, please feel free to contact me at adv.vishesh@icloud.com.

Pathika Narahari Narahari Reddy   05 May 2025

Not at all. This was shocking for us as he has his share from his fathers side. 

P. Venu (Advocate)     06 May 2025

What do you mean by co-brother? Do you mean your father brother's son?

Has the grandfather's property been partitioned by metes and bounds among the sons?


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