175B083 Mahesh P S 02 March 2021

Property dispute

My friend’s father is not giving his property to his sons and daughters , he is giving all his property to his two younger brothers, who are married and own businesses. How can he take a legal action against his father in this situation?

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Quick Summary

This discussion addresses a property dispute where a father is bequeathing his property to his brothers instead of his children. It clarifies that while a father can freely distribute self-acquired property, children may have rights to ancestral property through a partition claim. Seeking advice from a local advocate is recommended to determine the nature of the property and the best course of legal action.

3 Replies

Real Soul.... (LEGAL) 02 March 2021

If the property is owned by your father then he can give that to anyone, but if the property is ancestral you can file for partition and posssesion.

G.L.N. Prasad (Retired employee.) 02 March 2021

Let your friend explain the nature of that property, his father is going to give it to his brothers and get an opinion and further course of action from a local advocate. Self-acquired property can be donated to anyone by any person and relations are immaterial. His father may be wise and might have taken a decision after consulting such legality in gifting the same to those who really liked and served him in need as reciprocation.