dipen (software engineer) 28 November 2010

Property dispute..

we are two brothers. i am not living wih my parents from chilhood..but living with my grand father. my brother is handling father's business.

now when i am doing my study..father has purchased one house & decided to take second house for me later..now he also added his name in business firm..

so now my name is not anywhere..

my questin is if my father make will in favour of my brother then how can i get my share..

or if my father is not making will then still how can i claim for property...bcz he is partner of that firm which my father has started..but he has taken property on his name..

second question is similar..if my father has got some property from his father..& if he makes will to give to my brother or not creating will..in both case how can i claim..for this..

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3 Replies

VIJAY MONGA (ADVOCATE) 29 November 2010

My Dear Dipen,

You during the life time of your father you can not claim your share nor you can challange him or your brother as well but in future you can claim your share in the property left by your father if he dies intestate-means if he dies without leaving any Will. If your father makes his Will even then there is hope for you because generally Will is liable to be challange on certain grounds. You can ask further if you have any other question regarding property.

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indeep (advocate) 29 November 2010

you can only clim your share after your father death.

regards indeep arora advocate

Viswanath (Student) 29 November 2010

When the house purchased out of his own earnings are bequethed by a Will to your elder brother, then you may not have any claim over the same.

If your father dies intestate, then you can claim your share in the house property.

As far as the business is concerned, your father has admitted your brother as partner. since you are an alien as far as the business is concerned, you donot have any claim over the same.

When the share has been allotted to him, your father is free to dispose off the property in any manner what so ever he likes and you may not have any stake over the same.

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