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Right of sons in father's inherited property


27-Sep-2023 (In Family Law)
A father has two sons, A father transfer his inherited whole property to First son only, without consent of second son.. 1. Is second son has any legal right to get back his share of property??? In case of "Will Deed" to First son, Is second son has any legal right to get back his share property???
Answers (4)

Answer #1
695 votes
Dear Sir,

if the property is an inherited property of your father, then you are eligible to get equal share in the property. you cannot be deprived of your right in the ancestral house at any cost. without your consent is totally illegal to alienate the property.
Answer #2
518 votes
Dear friend,
If it is ancestors property which father has inherited then share of all sons have equal rights but if property has been purchased by father himself throght his source of income , then he has right to decide with whom to share the property and also have to be seen the condition of will and under what circumstances that has been brought , and also factor such as economic conditions of both son would also be a matter .Hence better meet at our office with documents. OFC : Adv Pankaj Kumar...
Answer #3
589 votes
Since you have not mentioned when the property was transferred to one son out of two,

First, since it is an ancestral property, the second son has equal share in it. Any prudent father normally in his WILL divides his inherited property equally, as the property is not self acquired.
You can challenge on either of the grounds, which ever your father utilizes to transfre the property.
Dr Gubbi, Counselor & Advocate
Answer #4
623 votes
You have not mentioned whether the property so bequeathed is ancestral or self acquired property of your father.

incase the properties so bequeathed is ancestral both the sons will have an equal share.

If the properties so bequeathed are self acquired then your father can will it to whomever he likes.

However if you find that the will is fake you can alwyas challenge the same before the court of law.

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