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Brother claiming father's property to be his own What to do
19-Jul-2023 (In Property Law)
hello I would like to know that "my brother has filled a partition suit where he mentioned that one of the flat which is registered in my deceased father, he claims now that he had provided money to father for purchasing the said flat ,so now he is claiming that this is not fathers property but its his property completely..as per hindu law how i can claim that its my fathers property so that i can get an equal share from it."
Does your brother have any proof that he gave money to his father at the time of purchasing the property? or is he the joint owner of the property?
If the answer of the above questions is NO then in such a case -
You will have a share in the property along with one share each of your brother and mother.
Since your brother is claiming whole property, he will have to get the Will probated and you can contest it if in your opinion it is false.
You can also file a suit for partition claiming that your father died intestate.
If the answer of the above questions is NO then in such a case -
You will have a share in the property along with one share each of your brother and mother.
Since your brother is claiming whole property, he will have to get the Will probated and you can contest it if in your opinion it is false.
You can also file a suit for partition claiming that your father died intestate.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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