quesFather gave ancestral property to step brother. How can i claim it?

my father has an ancestral property.I am son from first marriage.my father decreed the property to my step brother. I appealed against it and court set that decree aside and made me copercenar in the property but court did gave me permanent injunction of my share .now my father had registered half of the property to my step brother .in the documents of registery my name is not in the pedigree table . why my name is not in the pedigree table as court had made me copercenar ?is that fraud done by my father so that he can gave this property ignoring me ? Help me what to do now

  • ans

    If  court has made you a coparcener in the property then under no circumstances your father can  give the property to his son. However he can give his portion of share to his son.

    Depending on the facts of the case, you can file , suit for declaration thereby seeking declaration that you are the owner of the share and also seek cancellation of registration.

    Also, file an application for temporary injunction thereby seeking stay on the property which means that  he cannot sell or do any modification in the said property

  • ansSir, in your situation you may file a fresh suit for Declaration of the registered document as void as well as a suit for partition so that you may get your share in the property. It does appear that there is an element of deception in concealing your name from the registry and this could be a ground to challenge the registry

    Advocate Rajat Joseph

      Nizamuddin East, Delhi

  • Apply For Legal Heir/Succession Certificate With Expert Lawyers
    Know More

    Click here to see all Property Legal Services
  • 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.
  • Related Articles

Consult best Property lawyers in India

Similar questions

I am constructing first floor of my house. In the middle of construction some MCD…
I got married a couple of years back. I have a brother. My father passed…
What is the procedure to convert a leasehold property to a freehold property?
I want to add my wife name in ownership of residential flat in which we…

Property Lawyers in India

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years

Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 24 years

Advocate Prabhjit Jauhar

  Connaught Place
 Experience: 20 years

Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 14 years

View all >>