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How can we claim share in my fathers property
11-Jul-2023 (In Property Law)
My father had the property of 13 acers my father has 2 sons and 4 daughters, i wont live in the native place and my father has been expired, my brother has been registered all the land on his wife's name with out my presence, how should i go forward to get my fathers property? Please give me the advice
Hi
Since your brother has registered all of your father's property in his wife's name, it is a case of fraud (Sec 415 of IPC) and forgery(Sec464 of IPC), Criminal breach of Trust Sec 406 of IPC.
So you need to do the following
a) file a criminal complaint under sec 415, Sec 464 , 406 of IPC either in the police station or a private complaint in the court against your brother and his wife and
b) File a civil suit declaring the registration of land by your brother in his wife's name as illegal and cancel the said registration. please note that to cancel the registered lease deed, law of limitation (3 years) will apply. So you need to act really fast to get out of this problem
Since your brother has registered all of your father's property in his wife's name, it is a case of fraud (Sec 415 of IPC) and forgery(Sec464 of IPC), Criminal breach of Trust Sec 406 of IPC.
So you need to do the following
a) file a criminal complaint under sec 415, Sec 464 , 406 of IPC either in the police station or a private complaint in the court against your brother and his wife and
b) File a civil suit declaring the registration of land by your brother in his wife's name as illegal and cancel the said registration. please note that to cancel the registered lease deed, law of limitation (3 years) will apply. So you need to act really fast to get out of this problem
Helpful?
14+
14+
Adv. Rajagopalan
Hyderabad | 500+ Answers
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SIR.
In the absence of any will by your father all the legal heirs of your father will get equal share in the property.
if your mother is alive she is also entitled to her share in the property.
you file partition suit against your mother(if she is alive),sisters,and your brother in the civil court where the property is
situated.
In the absence of any will by your father all the legal heirs of your father will get equal share in the property.
if your mother is alive she is also entitled to her share in the property.
you file partition suit against your mother(if she is alive),sisters,and your brother in the civil court where the property is
situated.
Helpful?
20+
20+
Adv. Sree K Sivakumar
Hyderabad | 100+ Answers
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