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Property in name of father and uncle any trouble in getting my share


12-Mar-2023 (In Property Law)

My dad and his brother own our family property equally ( registratared in both of there names) I am the only son of my dad, i want to know whether will there be any problem in acquiring my dads propaties or is there any way that my dad's brother objecting me from acquiring my dads propaties

Answers (2)

Answer #1
782 votes
During your father's lifetime, he only his rights to enjoy and transact with his share of properties held jointly with his brother. It is not that your father's brother will object, you yourself do not have any right in your father's property during his lifetime. If upon the death is intestate then your father's share of properties shall devolve equally upon all his legal heirs, here you being the only son to your father, the property shall devolve on you as well as on your mother. Nobody can object to it because at that time it will be become your entitlement to acquire your share of property out of your father's intestate property.
Answer #2
664 votes
sir
it seems that the properties as you relied devolved from the ancestors for your father and his brother. if is the ancestral property, then no one can stop the existing/surviving legal heirs like you from inheritance. if it is the self acquired property for your father and his brother, even then you have a equal share over the property on par with the father's brother that he cannot object.

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