Father gave ancestral property to step brother. How can i claim it?
my father has an ancestral property.I am son from first marriage.my father decreed the property to my step brother. I appealed against it and court set that decree aside and made me copercenar in the property but court did gave me permanent injunction of my share .now my father had registered half of the property to my step brother .in the documents of registery my name is not in the pedigree table . why my name is not in the pedigree table as court had made me copercenar ?is that fraud done by my father so that he can gave this property ignoring me ? Help me what to do now
If court has made you a coparcener in the property then under no circumstances your father can give the property to his son. However he can give his portion of share to his son.
Depending on the facts of the case, you can file , suit for declaration thereby seeking declaration that you are the owner of the share and also seek cancellation of registration.
Also, file an application for temporary injunction thereby seeking stay on the property which means that he cannot sell or do any modification in the said property
Sir, in your situation you may file a fresh suit for Declaration of the registered document as void as well as a suit for partition so that you may get your share in the property. It does appear that there is an element of deception in concealing your name from the registry and this could be a ground to challenge the registry
Advocate Rajat JosephNizamuddin East, Delhi
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