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Siddharth (Assistant)     21 January 2011

Partition of House- My father is in undue influence

Hello,

             We are a joint family of 8 people. We have a 7000 sq feet house. Now due to family misunderstanding I am of opinion to partition. But the house is in name of my father and my uncle. My Grandma is alive. My father is in undue influence of Grandma(she is my fathers step mom and real mom to my uncle). My father says he don't want any share in the house. But I want to have my share. Can I restrict my father legally from doing so? I am a student completed 21years of age and this house is the only place I have to live. Please help me



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 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     21 January 2011

If it is an ancestral property inherited from your grand father then you can ask your share in your father's share in the house .  In the house your father will get 1/3rd share in that 1/3rd you will get your share along with your mother and other brothers and sisters.

Siddharth (Assistant)     21 January 2011

Originally posted by :adv. rajeev ( rajoo )
"
If it is an ancestral property inherited from your grand father then you can ask your share in your father's share in the house .  In the house your father will get 1/3rd share in that 1/3rd you will get your share along with your mother and other brothers and sisters.
"

 

Sir,

   What if my father signs a document that he is no longer intrested in property? Subsequently will I too loose my share? The house is ancestral property i.e made by grandfather and he is alive as well. But he has made the ownership in name of my father and uncle already. But my father says he will give it back to my uncle. 

Anil Agrawal (Retired)     22 January 2011

Please clarify whose house is this?


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