Arunmoli (Supervisor) 11 May 2012

Property settlement

Hi,

Our family consists of 4 brothers. One of the brother took care of all the ancestral property. The properties were in my fathers and mothers name. Both of them are deceased now.

Recently we heard that our brother started selling away the property. Upon enquiring we found that he got a settlement document with our mothers thumb print. The entire property under her name was given to him.

We are very sure that our mother wouldnt have done so as she was in very good terms with us. We understand that our brother tricked her into the registration.

Can we file a case against him?

Arun

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3 Replies

Adv Archana Deshmukh (Practicing Advocate) 11 May 2012

File a suit for partition against your brother. If some property is sold then seek for cancellation of those sale deeds also.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 11 May 2012

In Ancestral Property each of you have a birth right. Even though property was held in the name of your mother/father it does not become their absolute property which can be disposed off as per wishes. It still is ancestral property - in which you can get your share culled out through a partition, also seek a stay so that your brother cannot alienate the property during pendency of case.

ajay tyagi (senior officer) 13 May 2012

hello

My queri is regarding property,actually i have a agriculture land in ghaziabad(U.P) which is a ancesstor property given to me by my father 30 years ago,when he past away(with each and every legal documentation),since then i am the owner of dat property,i have 1 son and two daugters and my wish is to give the whole proprty to my son only through some will or any other way,can it be possible,actually my daughters are claiming for the property,since its a ancesstor property ,do they have any share in it ,can my daugters claim it or can they take some legal action against me in the court,please throw some light on the daughters share on the anceestor property.