Can I file case against my brother for share in my father's property?

745 votes

Yes you can file a case for partition of father property equally .here we need to know wether the property is purchased by your father or inherited property . once after going through your documents we can to conclusions.

Advocate Syed Yakoob Zainulabedin LawRato

704 votes

Is the property acquired by your father in his life time ?

If it is acquired by your father and your father did not execute any will, then you have right over the property up to the extent of your share, by filing a case for the share of your property.

If the property is acquired by your fore fathers i.e., from your grand father (ancestral property), you have a right over the same and can file a case for the share of your property.

Advocate Sheik Madeena Valli LawRato

703 votes

Hi
In absence of children to the first wife of your father, you and your brother will be legal heirs to your father.
However if your father did not divorce his first wife, before marrying your mother, then she will also be eligible for a share of your father's property. if this is the case, then you, your brother and your father's first wife will be the legal heirs of your father. Kindly also check whether your father left behind any will or gift deed in favour of your brother so that you are double safe before filing a suit on your father's property

Advocate Rajagopalan LawRato