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donygeorge   06 April 2015

Partition of father

Hi,

My father inherited 4.5 acres of family land from his father when me and my brother was small. 7 years back he sold all that land and bought a house at a far place and 1.4 acres of land in am away place. Non of this land is yielding and for the past 2.5 years i have been maintaining my family using my salary. Now for my marriage i asked my father to give me my share of property. My father is a heavy drunk man and so he is planning to sell the property for his money. So me, my brother and my mother asked him to give us our share so that he only can sell his part of share. My brother and mother also told him to give their share also to me. Is there any issues in me asking for the share?. Am i entitled to the share of his property?. He have no income till yet other than from the 4.5 acres of old inherited property. He is 57 years old now. Please help us with this. Please guide us so that we can save our property.



Learning

 5 Replies

Devaraj Krishna (Legal Practitioner)     06 April 2015

Let me know the property that your father sold is an ancestral property or the self acquired by ur father. if it is a joint family property or ancestral property means ur mom and  ur dad's children have the right over the property. u can file a case for the suit for partition along with ur mom and siblings and get it partitioned.

If ur dad has not signed the sold property agreement on behalf of you and if u need a share in sold property means 1st thing u have to do is u have to rush to ur jurisdicational police and give a complaint that ur father had cheated  and sold the property.

Police may register the case or shall give an acknowledgement that it is a civil dispute go to court. take that acknowledgment and file a civil case against ur father and the people who has purchased the property. in the remaining part of the property u have the share dont worry file a case

donygeorge   06 April 2015

Yes the land he sold was ancestral property. It was passed to him from my grandfather. He sold that land and bought another house and land. What i need to know is if me, my brother and mother have the right over the new property and house he bought by selling the ancestral property. My father has no job . He bought this new property only by selling the old ancestral property

Devaraj Krishna (Legal Practitioner)     06 April 2015

Absolutely u ur bro and mom had right over the property provided u have to prove its a ancestral property. to prove that u have to refer the sale deed executed by ur dad.

donygeorge   06 April 2015

So we have right for this new property he bought using the money he got by selling the old ancestral property?. If so i may need your help.

Devaraj Krishna (Legal Practitioner)     08 April 2015

U can can contact us at:

Corporate Cognition India

Devaraj Krishna

Mo:9964562560

# 23/3, HareKrishna Road (Parallel to Cresent Road) Next to shivananda circle High Grounds, Bangalore - 560001


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