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can brother claim share in personal property
15-Apr-2023 (In Property Law)
sir, i am a hindu by religion.my father and grandmother has a land having their names.my grandmother and grandfather both of them expired in 2014.my father paid for this land,and now my uncle claims that he has an equal share on the half of share that my father has .my father is the eldest .in this case is his claim valid as per hindu law ?
It appears from your query that your father and grandmother were joint owners of the Property. As your grandmother seems to have died without giving the share of the Property to your father either by a will or gift, your uncle has a right to her share in the property which one fourth share in the property in question while your father has three fourth share in the property.
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Adv. Alakananda Das
Kolkata | 100+ Answers
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The property in question , if jointly owned by your grandparents (since deceased) your grand parents as per title deed (s), your uncle has lawful right to claim his stake for the said property.However, if the ownership of the said property absolutely vested lawfully in your father's favour, your father is the absolute owner other wise not.Please check the title deed and Bl&RO records.If your father paid money for purchasing the property in the name of your grand parents, ownership​ in favour of your father is to be established in course of judicial scrutiny.Please contact lawRato for further course of action.
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Adv. Goutam Majumder
Kolkata | 200+ Answers
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If your grand father died intestate and left the property in his own name then your uncle can claim his share.But if your grandfather executed a registered deed of gift during his life time in favour of you father then your uncle have no right.
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Adv. Minansu Bhadra
Kolkata | 100+ Answers
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