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Father is not giving any property


15-Feb-2023 (In Property Law)
Dear sir my father had owning 4 acres of land by a partition deed on 2002 that my father's sister will give up a ll 4 acres to my father . The 4 acres had no parent documents having patta chitta in the name of my father. Now my father telling that it is the property that his father earned . Now my father gives settlement to my younger and older brother each 2 acres and possession in my father's control. My father and mother still alive My father didn't give any land to me .I planned to file a suit against my father. Having any hope to me ? We belongs to HINDU FAMILY Thanking you
Answers (1)

Answer #1
848 votes
ello,
1) When the property is self acquired and if the person dies intestate the property will devolve equally on all legal heirs.

2) As your father had partitioned the property in three shares during his life time the only bone of contention would be the portion in his name that subsequent to his death was transferred on your mother's name. Although the transfer was done the right of the heirs remain open. All of you siblings and your mother have equal share in the said portion. This is the logic behind the bank seeking NOC from other heirs.

3) When your father made the partition of the property, I presume there was a transfer and that was duly stamped and registered on your respective names. Of that is the case you will need to get NOC only for flats on the builder's share or built on father's share. The bank is seeking indemnity as it wants to be insulated against any possible future claims.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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