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laxman (associate)     04 October 2011

My share of property

Dear experts

We are 4 brothers and belongs Hindu family, my mother expired one year ago. my father is demanding that “I am going to give my property (my father self acquired property) to my 3sons only not you and you can go from here you will not get any property”. my father saying also that “ I am going to give my property to my 3sons by making the registered will deed not you and you will not get any my property because this is myself acquired property”.

My main problem is I am staying for away due to my job, in my 3brother they are staying along with my father and they are surviving my father food and service. So my father demanding that “if you want share my property, you can left your job and come to here and maintain my food and service 3 month once in a year”. Another 3brother they are looking my father food and service each 3moths.my share of 3months no one can bare even though I am ready to give money for 3months who is willing to look my father food and service because I am to away from father home. Also I am requested to my father that please come to my home and how many days you want to stay along with me as you wish but my father denied my request and father is using biases.

My query is that hereunder:

1, can I get my father property by legal? if my father makes will to my brother name.

2. If my father bequeath all property to my 3 brothers so what is my position?

3. Can I stop the making the will to my 3 brother name how can I proceed. What legal aspects should I take to save my share property? Because prevention is better than cure

4. I have 2 kids(minors) so, is my kids get their share from ancestral property? (My father self acquired property) .if after make the will can my kids is eligible to get their share from ancestral property?

5.can my kids file the case  by mentioning the ancestral property because if  I file the case I am not eligible to get the my father property (self acquired),so Karta can make the will or sell the property to anybody.

Thanks in Advance.



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     04 October 2011

If it is nacestral property, being co-parcener you will get equal share in the properties.  But if the properties are self acquired property of your father then you cannot seek your share.  If it is nacestral property your father is entittle to sell the property to the extent of his share y

adv. rajeev ( rajoo ) (practicing advocate)     04 October 2011

If it is nacestral property, being co-parcener you will get equal share in the properties.  But if the properties are self acquired property of your father then you cannot seek your share.  If it is nacestral property your father is entittle to sell the property to the extent of his share only,.

kumar t v s (advocate)     04 October 2011

1, can I get my father property by legal? if my father makes will to my brother name.---- NO

2. If my father bequeath all property to my 3 brothers so what is my position?

YOU GET NOTHING.

3. Can I stop the making the will to my 3 brother name how can I proceed. What legal aspects should I take to save my share property? Because prevention is better than cure---NO You cannot stop.

4. I have 2 kids(minors) so, is my kids get their share from ancestral property? (My father self acquired property) .if after make the will can my kids is eligible to get their share from ancestral property?

Your childern will not get anything

5.can my kids file the case  by mentioning the ancestral property because if  I file the case I am not eligible to get the my father property (self acquired),so Karta can make the will or sell the property to anybody--

No. No.No

If your father writes a "will"giving his property to his other 3 sons, you and your children will get nothing of your father's self acquired property.

 


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