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Do we have any right over our father's property
08-Jan-2023 (In Property Law)
dear sir, We are three children's of my father Mine is elder son, next daughter and One brother.I got married on 2014 and My sister got married on 2003 and My brother not married. My father having property of 10 Acors Agriculture land, One plot, and house in my home town on his name and My mother has 2 Acors. At the time of separation from joint family of my grand father, my father got the house and he pay money remaining brothers share. Can we have rights on that house. But house is on my father name only.
Once I need to go through your documents so that we can decide what best can be done with it so that we have property share accordin gly
40+
Adv. Syed Yakoob Zainulabedin
Hyderabad | 100+ Answers
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Any property obtained by your father at the time of separation from his father(your grand father) will be his separate property. Your rights will arise only after your father's life time.
During your father's life time, he can write a will on how his property can be distributed amongst his legal heirs.
The legal heirs are your mother, your brother, your sister and yourself.
In the event of your father not making a Will during his life time then all of you legal heirs will have equal rights on the house, all of agriculture land(10acres) & Plot
However during your father's life time, your father can Gift or Partition his property to all or any of his Legal Heirs.
In accordance to changing times, parent's are settling the distribution of the properties either through Gift Or Partition during their life time amongst the children so that legal disputes do not arise at a later date or they are Writing a Will (Registered will) and letting the children know that a will has been made and after their life time, the Children can get the Will Probated and then transfer the properties on their names.
Hope i have answered your question.
37+
Adv. Rajagopalan
Hyderabad | 500+ Answers
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If the property is acquired by your father, you cannot have right over the property in his lifetime.
42+
Adv. Sheik Madeena Valli
Visakhapatnam | 25+ 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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