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.

Rakesh V. Misar

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

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;

Popular Property Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
17 years Experience
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.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Property Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related Questions

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles