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Father had a shop running which he is now denying to give share


18-Apr-2023 (In Property Law)

Sir my father run a shop since 1965 now he is age is 75 year we are two brother in 1990 i have also started business with my father. in 2004 i have started my business seperetly but my parents always said that you have share on this shop.in year 2007 my mother died after that my father transfer his shop on my younger brother name.by making sale deed on his name and he said to me that i have no right on his shop.he done some legal activities against me ex. Parkhati (no right in my shop).now you tell me that how can i get my share in this shop and can i legely eligeble for my share in this shop

Answers (3)

Answer #1
803 votes
You have no right over the shop if the shop of your father is duly transferred to your brother. For this purpose, you have to show me all the documents relating to the shop. There might be chances that your transferred the shop through GPA or a gift deed or any other mode. Because sale Dee is not required between the father and son relationship. So revert me than only I can assist you. Best of luck.
Answer #2
704 votes
From your question it is not clear if it is the self acquired property of your father or the Ancestrol property. However, see the answer in both the situations:-

If this is the self acquired property of your father then he has all rights in the property to sell, gift, or transfer by any means to anyone and no one can stop him

If this a Ancestral Property of your father, then you can seek the partition of the Hindu family property as your father is Coparcener in that property.
Answer #3
962 votes
Since the transfer of property as described by you took place way back in the year 2007. Since it has been seven years now and you have not initiated any legal action it can be tough to win this case in the present is tough.

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