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Can I get share in constructed property of my father died intestate ?


04-Feb-2023 (In Property Law)
Dear Sir,my father died intestate. I filed suit against my brother's for partition.In one of the empty land property my father made settlement in favour of my two brother's in 1995.than in 1996 my father builds commercial complex in that empty land by taking building approvals in his name.And rent was enjoyed by father during his lifetime.How can I get share in the superstructure of that property please advise--- kalyani
Answers (2)

Answer #1
844 votes
Sir, Yes, of course you can claim your equal share on the super structure also if you able to prove that your father does the construction on the property of empty land. Moreover you can do this as addendum.
Answer #2
867 votes
If a Settlement is already made, you can't claim any share in that property, because the property title, as well as the possession has gone to your brothers on the date of Settlement.. but you can claim your share in the remaining property.

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