Brother started constructing without property division by father


my father's ancestral property he dont want to seperate equally between 2 child ? & my smaller brother is constructing a bunglow on a land before disribution . so what i should do? what legal rights i have? ? give me a legally correct advice?

Answers (3)


186 votes

Dear Querist, You refer the property as 'ancestral property', Please check whose name appears on the revenue records (7/12 extracts). whether only your father's name appears or all your brothers and sisters also. Also please check without your knowledge whether your father has executed any gift deed in favour of your brother.
If answer to above is NO, then you can issue a legal notice to brother to stop work and your father to ascertain your rights, if they agree then your purpose is achieved. If Not then file a suit for partition in a civil court, ascertaining your share and division of the property.

Regards,
Rakesh V. Misar


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284 votes

I would advise the following:

1. You can file a partition suit.
2. Your father should write a will;
3. If your younger brother is constructing illegally then you can also file a complaint to the police;

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55 votes

Taking into consideration the above facts and your query therein.

There are various aspects as far as asnsitorial property is concerned.
The rights and share of the share holders depends accordingly.

Best Regards.

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