how to claim in father's property transferred to my brother
30-Oct-2023 (In Property Law)
I am from a Hindu family. My father bought a property on GPA. My elder brother got this property transferred in his name wthout my consent/knowledge. I came to know about this after few years.
Unfortunately both my father and mother passed away few years back without leaving any will.
Now can I claim my share in the property and how.
Yes. you can claim the property being one of the legal heirs of your fathers property. You should initiate a legal notice followed by a suit for declaration thereby declaring the transfer as null and void .
your query is silent about how your brother got the property transferred in his name. whether it was through a sale deed, will, etc.? the only thing that will be required to be seen is whether the property was transferred to your brother by your father's free consent. of there was no consent or the consent was obtained from your father through fraud, coercion, etc. and there are circumstances to show that, then of course you may challenge the said transfer.
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