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Father is throwing me out of the house, may gift property to brother
30-Mar-2023 (In Property Law)
Hi. I'm elder son to my father, after my marriage my father has changed. Since I'm not giving salary to my father. I'm staying in his home 1st floor, my father month and younger brother in ground floor. Now my father is asking me to leave the home and go out. I'm moving out in couple of months If I go I'm afraid that my father may give as gift to my younger brother. Pls advice and law is there or can I take any written aggrement on that. Can I file any.
If property is ancestral, then you no need to worry, you will get equal right as of your father, since from your birth, So your father cannot gift whole property to your brother. If property is self acquired by your father, then you have got no right in this property till your father's lifetime. In other case your father can deal with his self acquired property whatever way he wants. So, father can gift his self-acquired property to any body without giving anything to you. but if property is ancestral, then your father cannot gift whole property to your brother. So, your are told to secure the information, whether the property is self-acquired or ancestral.
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Adv. Sathyanarayana Reddy K
Bangalore | 25+ Answers
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Hi, If the property belongs to your father alone then he has right to ask you to move out of the home. Your afraid is right that he may gift the property to anybody. But, being son you can claim your share in your father property. You may think of sending legal notice to your father for claiming your share.
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If it is your father's self acquired property you can't claim share in it but if you are residing in the same property since more than 12 years you can claim adverse possession and also file a suit for injunction restraining anyone from interfering with your possession. If the property is an ancestral property you have all the right to claim partition and separate possession.
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Adv. Narendra MN
Bangalore | 100+ Answers
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