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Deprived from property right what to do


10-Jul-2023 (In Civil Law)
I belong to Hindu religion. A property which is not self acquired by my father. It belonged to my grand father and he neither willed nor gifted to my father. Now my younger brother in collaboration with my parents wants to deprive me from the property. Now my querie is that whether my father can deprive my right from the property which is not self acquired by my father. And if it happens likely in near future what should my legal step. Please advise me positively.
Answers (4)

Answer #1
989 votes
Self acquired property is the one that you have purchased/ acquired from your own income / resources. It also includes property obtained or inherited as a legal heir or by Will or through a Gift deed. ... However, he can't deny your share in the ancestral property.
If in near future any collaboration happened then you have to file declaration ,petition and injunction
For further more query you have to consult with advocate

Answer #2
602 votes
Your parents and brother has no rights to deprive you of the property. You can approach a civil court praying for declaration of your share in the property and partition of the said declared share in your favour.
Answer #3
845 votes
Dear Client,
As per your statement as stated in your queries my suggestion and legal opinion would be that a property which is not self acquired devolves upon all the legal heirs as defined in schedule of the Hindu succession act and in your case you have every right in your grandfather's property provided if you belong to mitakshara group of Hindu and you can very well claim your part of share in the property left behind by your grandfather.
Answer #4
639 votes
As I could make out, your grand father is already passed away. Since the grand father was the owner and he died without making any will and gift, your father, if is the only son of your grand father, is the owner of the house by inheritance. Hence he can give the property to whoever he decides, but both under the Easement Act and law of adverse possession provide rights upon occupier to certain extent, hence you can claim such right by filing a suit and thereby praying for injunction so that neither you can be evicted nor any deed can be done in your brother's favour by the father, nor the property can be sold to anybody else. All the best. Regards

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