kavu (house) 26 December 2014

Property rights

Hi,

This is regarding the properties in my brothers name in Kerala and some agricultural land in Tamil nadu.

We are three sisters and one brother. My father wrote all his properties in my brothers name. He passed away 10years ago. After my father passed away my mother is taken care of by my sister and my brother has not been taking care of her. He is married and settled in australia. He does not look after or fund my mother even when she is hospitalized or in case of urgency. Now we are all very depressed that he is like this towards his mother and sisters.

Is it possible that we can give case for the properties even though my fathers will says all the properties are for him. He has even sold one of our ancestor properties without giving anyshare to us, or letting us know. Please advise.

Thanks.

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3 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 26 December 2014

Dear, Was that property self acquired or ancestral property ???? Kapil Chandna Adv. 9899011450

T. Kalaiselvan, Advocate (Advocate) 27 December 2014

If your father had bequeathed his self acquired property on your brother's name, you cannot question its legality nor you can claim any share in it. However, if any or the entire property was of ancestral in nature, if you sisters have married after the year 2005, you all may have right to a share in the property as coparceners, confirm. If yes, you may go ahead with a partition suit against your brother.

Biswanath Roy (Advocate) 28 December 2014

If your brother sold ancestral property you can claim your share and can demand apportionment thereof and in connection therewith by serving a legal notice upon the buyer i.e., the present ownerof the property.