yuvjay 24 December 2015

father property

Hi, my father, a retired senior citizen had a residential land acquired on his own earnings. I had intended to setup a shop for my father in that land after he retired. But my father was emotionally threatened and had registered that land to my sister's husband without my knowledge and consent.now can i file a case against this for claiming my rights or my son rights(am married, and have son). I also have a unmarried younger brother. Also my father owns a agricultural land inherited from my grandfather. Can my sister claim rights on this again. Ifso, anything can be done to safe guard this from my sister again. Pls advice.

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8 Replies

Kumar Doab (FIN) 24 December 2015

It is believed that you are Hindu. Your father can give away his self earned/acquired estate e.g. residential plot/land as posted by you, to anyone in his life time as it pleases to him.

You, your mother, your brother(s), sister(s) have share from your father's share in ancestral property.

prabhakar advocate (advocate) 25 December 2015

"your father was emotionally threatened and had registered the land". If your father is ready to say this thing in the court, then you and your brother can claim share in the property, if you file a civil suit in this regard.

yuvjay 28 December 2015

Hi, thanks MR.Kumar and Mr. Prabhalar for your reply. I doubt if my father would be ready to say that he was emotionally threatened in the court against my sister and brotherinlaw. My father convinced us that my sister agreed that she will not claim on the agricultural land, but she did not want to sign any NOC document stating that she will not claim either. Can my sister again claim on the ancestral agricultural property. My father wishes to continue agriculture in it, and pass the property to myself and my brother. Should we get any NOC document signed by her. Will that be useful.

Sudhir Kumar, Advocate (Advocate) 21 July 2016

aw provides no relief for stupidity.

Sudhir Kumar, Advocate (Advocate) 21 July 2016

"My father convinced us that my sister agreed that she will not claim on the agricultural land, but she did not want to sign any NOC document stating that she will not claim either."

You are free to live in fool's paradise as long as you think.

Why should she sign NOC ?

Sudhir Kumar, Advocate (Advocate) 21 July 2016

" I doubt if my father would be ready to say that he was emotionally threatened in the court against my sister and brotherinlaw."

Not at all understood what do you mean.

Sudhir Kumar, Advocate (Advocate) 21 July 2016

"My father wishes to continue agriculture in it, and pass the property to myself and my brother. Should we get any NOC document signed by her. Will that be useful. "

You have not replied the following question of Mr Dhingra at https://www.lawyersclubindia.com/experts/father-gave-property-to-son-in-law--608646.asp

About ancestral property, you have not clarified to which generation of your forefathers the property relates. So, your query is faulty in itself.

yuvjay 21 July 2016

Hi, the ancestral property belongs to my father's parents. When I meant that my father convinced us, it is when me and my brother came to know after property registration and confronted him. I understand law does not provide relief for stupidity (of my fathers), but is law meant to help and protect innocent (me and my brother in this case) for their rights.