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How to get share in property when the brother has illegally got it
01-Aug-2023 (In Property Law)
Hello sir My father has 4 sons. And he dies at my teenage after that my big brother secretly transfer the property on his name.all this happened 20 years ago. Now the problem is he is not willing to share the land to our reaming brothers and recently he transferred half of the land to his daughter. I want legal advice to get back my land. Plz help me sir.
Sir, You are having good legal right to get share in the property of your Father according to Law. All the sons and daughters are co-parceners in the property of their Father according to the provisions of Hindu Succession Act, 1956. You get a share (inherit) in your ancestral property by Birth. So, all 4 sons are having equal rights of share in the property of Father and your big brother had no title or right to get transfer of property of Father in his name and also cannot transfer half of the land to his daughter. Therefore, it is better open to consider to approach any learned Advocate to get issue Legal Notice to your big brother and file suit for partition for preliminary decree for partition of property and allot 1/4 share in the property and cancellation of deed in favour of his big brother and also the deed of transfer of half of the land to his daughter as well as mesne profits and costs.
Helpful?
Adv. Peddireddi Kalyan Rao
Hyderabad | 25+ Answers
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It is presumed that you are a Hindu.
You are entitled legally for your respective share in the property as a legal heir.
In case if you feel that your bug brother has made secret transaction, then plz do file a case for cancellation if the so called document in a court of law and fight for your share...even though the 20 years period has been lapsed...you need not worry...
You are entitled legally for your respective share in the property as a legal heir.
In case if you feel that your bug brother has made secret transaction, then plz do file a case for cancellation if the so called document in a court of law and fight for your share...even though the 20 years period has been lapsed...you need not worry...
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You must file partition suit immediately and get an interim order, so that your brother cannot sell or transfer anymore. You are eligible for share. Your brother can transfer property long back but you are absolutely entitled to get your share.
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Adv. M Krishna Chaitanya
Hyderabad | 100+ Answers
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