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)

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


Googling your legal issue online?

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

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 Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Prabhjit Jauhar
Connaught Place, Delhi
22 years Experience
Advocate R.K. Gupta
Goyal Vihar, Indore
19 years Experience
Advocate Sunil Dalal
New Friends Colony, Delhi
22 years Experience

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.


Related Articles


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

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 LawRato.com and has been responded by one of the Property Lawyers at LawRato.com 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 LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.

Legal Services

Legal Notice for Delay in Construction

4.4 | 24 ratings
30 Min Intro call + Start to finish help
15 Minutes Property Advice Session by Phone

4.8 | 541 ratings
Ask questions and get advice from a local experienced advocate on your Property Matter
Document Review - Agreement to Sell

4.7 | 108 ratings
Review + 30 Min phone call - Agreement to Sell review by a local experienced advocate
Draft a Sale Deed / Property Purchase Agreement

4.6 | 197 ratings
30 Min Intro call + Start to finish help - Sale Deed / Property Purchase Agreement drafted by a local experienced advocate
Document Review - Gift Deed

4.3 | 37 ratings
Review + 30 Min phone call - Gift Deed review by a local experienced advocate
Draft a Gift Deed

4.6 | 182 ratings
30 Min Intro call + Start to finish help - Gift Deed drafted by a local experienced advocate
Document Review - Sale Deed

4.8 | 73 ratings
Review + 30 Min phone call - Sale Deed review by a local experienced advocate
Property Registration

4.7 | 291 ratings
Get your property registered through an experienced local advocate
Title Opinion Report

4.8 | 193 ratings
Get a detailed Title Opinion Report by expert real estate lawyers in your city
Draft an Agreement to Sell

4.9 | 94 ratings
30 Min Intro call + Start to finish help - Agreement to sell drafted by a local experienced advocate
Property Verification / Due Diligence

4.8 | 421 ratings
Property Verification, Title Search and due diligence conducted by a local experienced advocate
Legal Heir / Succession Certificate

4.8 | 71 ratings
Apply for a Legal Heir / Succession Certificate through a local experienced advocate
Similar questions

My mother died in 1989 and she had a property in her name and she did not make any will. I have one elder brother and father. My father settle his sha…

Read More

My father passed away in March this year we r three brothers and a sister mother alive. What are the procedure to distribute father 's property no…

Read More

I am christian,My father has 11 children. He sold his land which he had from his parents to me alone. But my father didn't gave me the consent doc…

Read More

My mom is no more, there is a property on my mom's mother's name, she has also passed away, my mom's brothers have occupied the property w…

Read More

Talk to a lawyer for your legal issue