Civil Procedure Code (CPC)

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Ashok (engineer)     19 October 2012

Property partition

We two brother residing in our Father house and I am the elder one.

Now my father wants to give complete house to my younger brother. Even I have invested money in new construction of my portion.

Pls advise, legally can I demand for my portion.



 3 Replies

Goutam Prasad (Advocate)     19 October 2012

If the your father's house is the parental house and the same was received to him by your grand father, you have right to demand partition.

But, if the house is self acquired house, your father can give the same to any one - even to any other person not belonging to family.

If by chance, if your father does not prepare any written will then, after his demise, you will be eligible for seeking partition for equal share.

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1 Like

Ashok (engineer)     19 October 2012

House is self acquired house by my father.

But I have invested money in new construction work in this house , can't I claim for it ?

Advocate Bhartesh goyal (advocate)     19 October 2012

You can claim the amount  from your father which had been  invested by you for constraction of your father's house but can not claim partition or any portion of that house in your father's lifetime.


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