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Aruanbh Rajan   15 April 2020

Distribution of property

I am a senior citizen and is not treated well by my elder son, what can I do so that the ancestral property is not devolved on him and rather go to my younger son.



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 9 Replies

N. Sivaprakash, Chennai 984099 (Advocate)     15 April 2020

Have you got your property partitioned amongst your co-owners.

 

kavksatyanarayana (subregistrar/supdt.(retired))     15 April 2020

As per me, it depends on your previous query today.

G.L.N. Prasad (Retired employee.)     16 April 2020

The property if self-acquired can be treated as per your wish and given exclusively either to younger son or charitable purpose.   When you have inherited the property through the paternal side (as brother is your co-sharer through family settlement deed) your elder son is having an equal share.  Do not assume and interpret the laid down law and practice as you wish, thinking that such settlement deed not registered is not valid in eyes of law.  You might have produced the same and acted on such a document and do not complicate the issue and invite problems with children and within children.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     16 April 2020

Originally posted by : Aruanbh Rajan
I am a senior citizen and is not treated well by my elder son, what can I do so that the ancestral property is not devolved on him and rather go to my younger son.

 

CONSIDER THIS:
1. ALL the residual Legal Heirs would be EQUALLY entitled to the "Ancestral Property" without any exceptions, even IF there is adverse behavior amongst the family members.  This cannot be denied even via a Will or any type of Deed or disowning any family members.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Dr J C Vashista (Advocate)     17 April 2020

The only and best option to debar your elder son from ancestral property is to sell it to your younger son for your personal needs.

Dr J C Vashista (Advocate)     17 April 2020

It is advisable to consult a local prudent lawyer for better appreciation of facts and documents, professional guidance and necessary proceeding.

Dr J C Vashista (Advocate)     17 April 2020

If you are located in Delhi / NCR and feel so, may contact me (on appointment) at Chamber No 647,Lawyer's Chamber Block,  Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-- 110075 Cell # 9891152939 or email: majjagdish@yahoo.com 

P. Venu (Advocate)     17 April 2020

How is that the property is ancestral?

G.L.N. Prasad (Retired employee.)     17 April 2020

It appears from the other query from the same member that he and his brother have partitioned the property through unregistered settlement deed, and now the father wanted to probate and reprobate the contents of such settlement deed

Father claimed his share through the settlement deed with his brother.

He wanted to give share only to his youngest son alone and not to the eldest son

soliciting guidance seeking guidance on validity fo such family settlement deed while sharing with his sons on such property and finds a reason to oust the rights of the eldest son.


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