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Honesty is best policy Honesty   11 February 2022

Issues with father over property

Respected sir, After my mother's demise at my age of 22 years, my father remarried again without informing me or asking my consent to an nagging and abusive lady. They both started abusing and harassing me since then which caused many obstacles to complete even my formal education. I used to spend most of my time in temples and ashrams to avoid harassment.Step mom doesn't have any kids and I am the only son to my father. Under the influence of that lady, he completely abandoned me and didn't support for my education and career. They both caused me immense pain and torcher emotionally and sometimes even physically. I am 34 now and living independently in gulf doing menial job. I heard that he sold my own mother's property of 5 acres agriculture land and my grand father's property of 8 acres is only remaining. When I asked him on the phone regarding my rights over the property, he bluntly refused to give me grand father's property and told me to spend rest of my life only on my earnings. Even when my mother was alive, he used to abuse and beat us. He sold my mother's property without even intimating me and now he is refusing to give my share in my grand father's property.

What legal proceedings can I take so that I can get my property? kindly advise. Thank you.


Learning

 5 Replies

anubhav Bhatt   11 February 2022

File a Injunction Suit whatever property remained for more clarity you may contact us then I'll elaborate properly.
1 Like

Aryan Raj   11 February 2022

Dear Queriest,

According to the Hindu Succession Act a woman has absolute right over the her property she has however it may have been acquired, but when a woman dies intestate the legal heirs have equal rights over the property. In this case you and your father are rightful legal heirs therefore you can file a lawsuit against him for not taking your consent before selling the property.

And you also have legal rights to claim property of your grandfather as that is an ancestral property for you and you cannot be left out of it.

Regards,

Aryan Raj 

1 Like

Honesty is best policy Honesty   12 February 2022

How can I contact you Anubhav sir and Aryan Raj sir?

Dr J C Vashista (Advocate)     12 February 2022

You have a share in the ancestral property with your father, however, it is not an ancestral property which has devolved upon you (with your father) inherited from your maternal grandfather through your deceased mother.

Part of property stated to have been sold by your father can be cancelled.

Your father can be restrained from selling further any part of remaining property of your grandfather.

Consult and engage a local prudent lawyer for proper appreciation of facts and necessary proceedings.

P. Venu (Advocate)     16 February 2022

Late mother's property ws vested with you and your father. You may take steps to get the sale relating to your share cancelled.

Grandfather - is it mother's father or father's father? Please post complete facts.


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