Advocate George Mercier

Questions Answered by Advocate George Mercier

Q: Procedure to claim share of father's property by son

I am a from kayamkulam, kerela. I have two siblings. My family's property jad been divided into three parts for each of us. My brother manipulated my father into transferring my also to my brother. And then he moved my father out. Now I am living with my husband without any share to my family's property. What am I to do??

Advocate George Mercier answered
Once the share has been transferred in your name, you are the absolute owner and in possession. Your father or any one else does not have any authority to do any further transactions In that case you have a perfect case for reclaim

Q: Purchase of property which is under pending case whether valid

Dear Sir I purchased and registered a property, legally all papers available at the point of time including encumbrance certificate. Later own we came to know that there is a case going on with original owner and nephew. Original owner sold this property in 2005 and later that guy sold me in 2009. Still the case is going on and not issued any final decree. Did this nephew can impose any attachment to this property ? I mean did he can make any issue legally for further sail Please advice

Advocate George Mercier answered
The situation can vary from State to State due to the laws passed locally. For example in Kerala if a property was inherited before 1975, the property thus inherited can be claimed even by a child conceived bot not born. Thus if a person inherited a property, has a sister who has 5 children. Sister is entitled to 6 shares and the person inherited has only 1 share. The religion also comes into play. So a lot of other details are necessary to answer this query completely. The nephew can impose any obstruction only if there had been any restrictions by the court earlier. By what i can learn from your short query is that, since it was registered without any hitches at the Regn Office you may need no worry.