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Father not interested in ancestral property son wants to claim rights
24-Oct-2023 (In Property Law)
Hi Sir, my father was government employee and his other 3 brothers are farmers. my father is retired now. My father is not interested in ancestral property and other brothers got around 1 Acre- 1.5 Acre and more but we got less than an Acre and my father is not interested to fight over it . My question can we claim an suit or case against them such that the property get equally distributed. The property is not yet registered for there respective names. My father's elder brother also took loan over 3 acre land by registering on his name by submitted false notary certificate stating that both names of my fathers elder brother and my grad fathers name is same. So kindly guide me.
As you are saying that your father got less than an acre and uncles got more, It appears that there was a sort of partition effected between your father and his brothers. If that was done by way of a document then it is a partition. You first need to clarify if it is so, and your father has signed such a document.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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-Yes your father can file a suit against his brothers for partition seeking to divide the property equally among all the children of your grandfather. If your grandmother s alive even she should be made as one of the party.
-The creditor who has lent the loan is at fault in giving credit on the basis of fake document. So the creditor is at risk.
-The creditor who has lent the loan is at fault in giving credit on the basis of fake document. So the creditor is at risk.
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Adv. Roopashree R. A.
Bangalore | 100+ Answers
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Sir,
In your problem you mentioned that there was fabricated document created for the purpose the loan. Here you can challenge the same.
Apart from that the property is the ancestral property. Including your father, all will get equal share. Here you can clam your fathers share by taking authorization from your father.
Here including your father you will get 1/4th share of the propertand here your can have right over the same share but not on whole property. So, you can claim your share 1/4 of your father.
In your problem you mentioned that there was fabricated document created for the purpose the loan. Here you can challenge the same.
Apart from that the property is the ancestral property. Including your father, all will get equal share. Here you can clam your fathers share by taking authorization from your father.
Here including your father you will get 1/4th share of the propertand here your can have right over the same share but not on whole property. So, you can claim your share 1/4 of your father.
Helpful?
Adv. M Lakshmikanth Arya
Bangalore | 500+ 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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