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Bifurcation of father property
29-Oct-2023 (In Property Law)
My father has 2700sq.ft land and house built in around 2500sq.ft. one of my brother built 900 sq ft building in his own cost. My father has 4 sons and eldest son is no more. My father is staying with 3 and 4 son duly spending his pension for them. 4 son not married. 1st son no more. 2nd son is staying away and 3 son with his family .staying with father spending meager amount. 1st son family is also staying in the house separately in first floor. Now the question is how to divide the property. If someone does not want their share how it will reflect in bifurcation. Please guide me.
The law says that a son does not have a legal right over the self-acquired property of his parents. However, he could claim his share if he can prove his contribution towards the acquisition of the property. Also, there is no chance for a son in receiving a share in the self-acquired property if his father has bequeathed his property to someone else, by means of a will, or a gift deed. He may be allowed to use the property on permission, but his parents are not under any obligation to allow him to live there. Moreover, a grandson does not have rights over the self-acquired property of his grandfather.
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Adv. Raghuraman Balaji
Chennai | 900+ Answers
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