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Can a son claim his share in the property of father after 17 years?
13-Sep-2023 (In Property Law)
My father bought a land in 1970 from his brother's widow in Rs 8000. My older brother was young at that time and rest were kids. My father was uneducated so he made the papers on his name. My father came to know about it after 20 yrs. My promised to pay the money rs 8000 with tax to my father and did the registration part later on without informing. My father died in 2000 and since I was serving in army i didn't knew about it. Nor he paid the money to my father. And he is also taking the share in my father's property also. Is it possible to get my share in that bought land??
As a legal heir you can file suit for set side a deed, on ground that your brother did not performed his part,
And then you can get right in disputed property.
But you have a sufficent proof to prove your case in court
And then you can get right in disputed property.
But you have a sufficent proof to prove your case in court
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Your father was uneducated so he made sale deed in his name or your elder brothers name?
If a sale deed has been executed and registered and a sale consideration amount has been paid to his brother's widow then the property belongs to you provided, if the sale deed has not been executed in your elder brothers name and there is no registered will stating the same.
If the property is in your fathers name and if there is no registered will then, as his son you get a equal share in the property.
However, as you are stating money wasn't paid to your father so I think the sale deed has been executed in your elder brothers name, if that is the case then documents have to be looked into.
I hope I have satisfactorily answered your query. There are alot of questions which are to be looked into so that accurate answer is given in accordance with law and procedure.
Thank you.
If a sale deed has been executed and registered and a sale consideration amount has been paid to his brother's widow then the property belongs to you provided, if the sale deed has not been executed in your elder brothers name and there is no registered will stating the same.
If the property is in your fathers name and if there is no registered will then, as his son you get a equal share in the property.
However, as you are stating money wasn't paid to your father so I think the sale deed has been executed in your elder brothers name, if that is the case then documents have to be looked into.
I hope I have satisfactorily answered your query. There are alot of questions which are to be looked into so that accurate answer is given in accordance with law and procedure.
Thank you.
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Adv. Krutarth Trivedi
Ahmedabad | 100+ Answers
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You must have evidence and witnesses of this registration incident to prove the fact. It can be understood well after observing the documents you do have. The question you have floated here is not sufficient to reach a right conclusion.
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Adv. Mukund Kumar
Rajkot | 100+ Answers
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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 Divorce Lawyers at lawrato.com to address the specific facts and details.
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