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Do both sons have equal rights in father's ancestral property?
02-Aug-2023 (In Family Law)
My father has two sons,first son is a divorcee having a son and second son is married having a child.My father got the property from my grandfather during partition.In our case he did not do any partition till now.My question is If my father gave the whole property in the name of first son,is there any option for the second son to get equal right on the property,Does the second son get equal rights on the property when he go to court ?
As per your query, you and your brother have an equal right and share in your grandfather’s property as it will be considered your ancestral property.
Also, since no partition was done and mere possession was given hence 2nd brother can claim his share in your grandfather’s property.
Also, since no partition was done and mere possession was given hence 2nd brother can claim his share in your grandfather’s property.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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Facts, as posted, suggests that the property is personal to the father; it makes no difference that he got the property from his father through partition. As such, he has the discretion to dispose of the property in whichever manner he likes, even to persons other than the sons.
It is only after his lifetime that the children have claim on the property left intestate. In any case, the situation of the children being a divorcee or married has no relevance.
It is only after his lifetime that the children have claim on the property left intestate. In any case, the situation of the children being a divorcee or married has no relevance.
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Adv. P Venu
Vaikom | 500+ Answers
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