rahul (Design Head) 05 September 2011

Son right on his father's property

Hi,

my name is rahul and am from gujarat.

my father expired before two years when he died he not make any will and after his death my mother and brother got his provident fund money, house and land in village but now they are not ready to give me anything.

My mother giving reason i don't want to give anything to any of son till am living but my brother using everything which my father left for us. he using money and my father house and pension amount.

I requested them that please give me some money to pay my dues but they not giving me anything and my brother told me that you are not living with us from last eight years so now you don't have any rights on this property.

Please guide what i can do in this case? legally how i can i get my rights in my father property?

If my mother don't want to give me anything then can i get money legally to pay my dues? OR can i get stay order on this property because i don't have trust on my brother.....

Regards,

Rahul

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3 Replies

adv.yogesh sudhakar bawiskar (lawyers) 05 September 2011

when u r mum is not giveing u any share then u can clim . but u have got it or not it is decided on such circumtences u have put before the court and prove it why u have really need such money.

Advocate M.Bhadra 05 September 2011

First you should try to get information about the movable and immovable property of your father. File suit a suit for patition with an injunction for immovable property.You should also file a suit for declaration and injunction for movable property.

Anil Agrawal (Retired) 06 September 2011

Move fast. If they squander away the property and money, you would get nothing even if court decides in your favour. You must get an injunction so that they don't alienate any of your father's proprty - movable or immovable.